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HCAL 933/2022
[2024] HKCFI 1961
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF FIRST INSTANCE
CONSTITUTIONAL AND ADMINISTRATIVE LAW LIST No. 933 of 2022
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BETWEEN
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Mai Thi Hai
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Applicant
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and
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Torture Claims Appeal Board/
Non-refoulement Claims Petition Office
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Putative Respondent
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and
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Director of Immigration
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Putative Interested Party
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Application for Leave to Apply for Judicial Review
NOTIFICATION of the Judge’s decision (Ord. 53 r. 3)
Following;
Order by
Deputy High Court Judge K.W. Lung
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Leave to apply for Judicial Review be dismissed
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Observations for the Applicant:
1.
The applicant is an illegal immigrant by overstaying. She lodged non-refoulement claim with the Immigration Department and was rejected by the Director of Immigration (“the Director”). She appealed to the Torture Claims Appeal Board (the “Board”) and, by the Board’s Decision, her appeal was dismissed by the Board.
2.
The applicant filed Form 86 on 14 September 2022 for application for leave to apply for judicial review of the Board’s Decision.
3.
By a letter dated 30 April 2024 to the Court, the applicant says she wants to withdraw her application as her problem has been solved and it is safe for her to return and she wants to go back to Vietnam as soon as possible.
4.
There is no evidence to show that the applicant makes this application other than out of her own volition.
5.
Apart from this application, there is nothing outstanding in this case.
6.
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.”
7.
The application is therefore dismissed.
Dated the 20
th
day of August 2024
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(M.O. WONG)(Ms)
for Registrar, High Court
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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
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If leave has been granted, the Applicant or the Applicant’s solicitors must:
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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 Applic
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