PATHAN SIRAJUL v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE [Decision on Leave Application]

bjbj HCAL 114/2023 [2024] HKCFI 732 IN THE HIGH COURT OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION COURT OF FIRST INSTANCE CONSTITUTIONAL AND ADMINISTRATIVE LAW LIST No. 114 of 2023 BETWEEN Pathan Sirajul Applicant and Torture Claims Appeal Board/ Non-refoulement Claims Petition Office Putative Respondent Director of Immigration Putative Interested Party Application for Leave to Apply for Judicial Review NOTIFICATION of the Judge s decision (Ord. 53 r. 3) Following; ( consideration of documents only; or consideration of documents and Applicant being absent in open court; Order by Deputy High Court Judge K.W. Lung: Leave to apply for Judicial Review be dismissed. Observations for the Applicant: The applicant is an illegal immigrant by staying in Hong Kong without permission and he lodged a non-refoulement claim with the Director of Immigration ( the Director ). The Director rejected his application and he appealed to the Torture Claims Appeal Board ( the Board ). Having considered his evidence, the Board, by its Decision ( the Board s Decision ), rejected his appeal and affirmed the Director Decision. The applicant filed Form 86 on 27 January 2023 to apply for leave to apply for judicial review of the Board s Decision. The applicant filed an affirmation on 24 January 2024 to apply for withdrawal of his application because his father is sick and he wants to return to his country. There is nothing outstanding in this action. In accordance with the Court of Appeal in Re Manik Md Mahamudun Nabi [2022] HKCA 471 at 19: (1) The applicant on his own motion applied to the Court to withdraw his application for leave to apply for judicial review. The Judge acceded to his application, whereupon there was nothing outstanding in the action. The Judge was correct to conclude the action by ordering a dismissal of the application instead of leaving the action at large. The application is therefore dismissed. Dated the 21st day of March 2024 (M.O. WONG)(Ms) for Registrar, High Court Where leave to apply has been granted, Applicants and their legal advisers are reminded of their obligation to reconsider the merits of their application in the light of the Respondent s evidence Notes for the Applicant: If leave has been granted, the Applicant or the Applicant s solicitors must: a) serve on the respondent and such interested parties as may be directed by the Court the order granting leave and any directions given within 14 days after the leave was granted (Order 53, rule 4A); b) issue the originating summons within 14 days after the grant of leave and serve it in accordance with Order 53, rule 5; and c) supply to every other party copies of every affidavit which the Applicant proposes to use at the hearing, including the affidavit in support of the application for leave (Order 53, rule 6(5)). Sent to the Applicant on 21/3/2024 Pathan Sirajul Applicant s ref. no: Nil Sent to the Putative Respondent / the Putative Respondent s solicitors / such Putative Interested Parties as may be directed by the Court / the Putative Interested Parties solicitors on 21/3/2024 Torture Claims Appeal Board/Non-refoulement Claims Petition Office Putative Respondent s ref. no.: USM 17811 Director of Immigration Putative Interested Party s ref. no.: QA T/C 143/21 (formerly RBCZ 10071/21) Department of Justice, Senior Assistant Law Officer (Civil Law) (Civil Litigation Unit 2) Form CALL-1 PAGE \* MERGEFORMAT rdrdrdrdWIB gd;5 gd;5 gd;5 gd;5 gd;5 gd;5 gd;5 gd;5 gd;5 gd;5 gd;5 gd;5 gd;5 tj\K= h:>~ gd;5 r_L9( gd;5 gd;5 gd;5 gd;5 gd;5 ybO7 gd;5 gd;5 gd;5 gd;5 :pQu [Content_Types].xml _rels/.rels theme/theme/themeManager.xml K Y, sQ}# theme/theme/theme1.xml $O}) Xp90 +PHI| PP yu 9xu5 fs+W VF7H q=. 8}d- qyI@ j!Q_ jyV` |PZ+ T ""p < 4V O&x$ A8>v ;EUC n 8r *~P(5 .}x E /,EE\} theme/theme/_rels/themeManager.xml.rels 5 6?$Q K(M&$R(.1 [Content_Types].xmlPK _rels/.relsPK theme/theme/themeManager.xmlPK theme/theme/theme1.xmlPK theme/theme/_rels/themeManager.xml.relsPK <?xml version="1.0" encoding="UTF-8" standalone="yes"?> <a:clrMap xmlns:a="http://schemas.openxmlformats.org/drawingml/2006/main" bg1="lt1" tx1="dk1" bg2="lt2" tx2="dk2" accent1="accent1" accent2="accent2" accent3="accent3" accent4="accent4" accent5="accent5" accent6="accent6" hlink="hlink" folHlink="folHlink"/> @NMl O2]R b Bo b Bo V?@k Far) N*O( KimWan Lung Normal.dotm Windows User Microsoft Office Word Times New Roman Times New Roman HCAL [202 ] HKCFI Times New Roman IN THE HIGH COURT OF HONG KONG SPECIAL ADMINISTRATIVE REGION COURT OF FIRST INSTANCE CONSTITUTIONAL AND ADMINISTRATIVE LAW LIST 2023 BETWEEN Pathan Sirajul Applicant Torture Claims Appeal Boa refoulement Claims Petition Office Putative Respondent Director of Immigration Putative Interested Party Application for Leave to Apply for Judicial Review NOTIFICATION of the Judge decision (Ord. 53 r. 3) Following Wingdings 2 onsideration of documents only; or consideration of documents and Applicant being absent in open court; Order by Deputy High Court Judge K.W. Lung Times New Roman Leave to apply for Judicial Review be dismis Observations for the Applicant: "Arial The a pplicant is an illegal immigrant by staying in Hong Kong without permission and he lodged a non refoulement claim with the Director of Immigration the Director The Director rejected his application and he appealed to the Torture Claims Appeal Board ( the Board Having considered his evidence, the Board, by its Decision ( the Board s Decision ), rejected his appeal and affirmed the Director Decision. 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