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

bjbj HCAL 901/2020 [2023] HKCFI 1588 IN THE HIGH COURT OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION COURT OF FIRST INSTANCE CONSTITUTIONAL AND ADMINISTRATIVE LAW LIST No. 901 of 2020 BETWEEN Sukhchain Singh 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 s Decision. The applicant filed Form 86 on 14 May 2020 to apply for leave to apply for judicial review of the Board s Decision. By affirmation filed on 9 March 2023, the applicant applied to withdraw his application because he has already obtained a dependent visa. 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 19th day of June 2023 (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 19/6/2023 Sukhchain Singh 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 19/6/2023 Torture Claims Appeal Board/Non-refoulement Claims Petition Office Putative Respondent s ref. no.: USM 13800/18/10/142/IN2721 Director of Immigration Putative Interested Party s ref. no.: RBCL/1225/16 (CZ) Department of Justice, Senior Assistant Law Officer (Civil Law) (Civil Litigation Unit 2) Form CALL-1 PAGE \* MERGEFORMAT tbTbTbTbTG9 h~S2 gdb. h~S2 h~S2 h~S2 h~S2 yt)m yt)m yt)m yt)m yt)m yt)m yt)m yt)m yt)m ULBL h~S2 h~S2 h~S2 h~S2 gd:| gd:| gd~S2 gd~S2 gd~S2 ubTJ@6 h~S2 h~S2 gd:| gd:| eTeTeTFT h,(^ h,(^ h~S2 ho0f h~S2 h~S2 h,(^ h,(^ h,(^ h,(^ h,(^ h,(^ h,(^ h,(^ m\N\<8 h,(^ h,(^ h,(^ h,(^ gd:| gd:| gd:| gd:| gd:| yt)m yt)m yt)m yt)m yt)m yt)m yt)m yt)m yt)m [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"/> V?@k V?@k F?@k KimWan Lung Normal.dotm Windows User Microsoft Office Word Times New Roman Times New Roman HCAL 901/2020 ] HKCFI 1588 Times New Roman IN THE HIGH COURT OF HONG KONG SPECIAL ADMINISTRATIVE REGION COURT OF FIRST INSTANCE CONSTITUTIONAL AND ADMINISTRATIVE LAW LIST No. of 202 BETWEEN Sukh hain Singh pplicant Torture Claims Appeal B oard/ 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 Following Wingdings 2 consideration 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 dismiss Observations for the Applicant: "Arial 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 Boa rd ( the Board ). Having considered his evidence, the Board, by its Decision ( the Board s Decision ), rejected his appeal and affirmed the Director s Decision. The applicant filed Form 86 on 14 May 2020 to apply for leave to apply for judicial review of t he Board s Decision. 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