Ahmed Shahbaz v. Torture Claims Appeal Board / Non-refoulement Claims Petition Office

Case No.HCAL 3576/2019[2025] HKCFI 990

Court

High Court CFI

Date02 Apr 2025

Judge—

Case Document

100%Judiciary

HCAL 3576/2019

[2025] HKCFI 990

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CONSTITUTIONAL AND ADMINISTRATIVE LAW LIST No 3576 of 2019

BETWEEN
	Ahmed Shahbaz	Applicant
	and
	Torture Claims Appeal Board/ Non-Refoulement Claims Petition Office	Putative Respondent
	and
	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 the documents only; or

consideration of the documents and oral submissions by the Applicant in open court;

Order by Deputy High Court Judge (Non-refoulement Claims) Teresa Wu:

1. Leave to the Applicant to withdraw his leave application; and

2. The leave application be dismissed.

Observations for the Applicant:

1.At the oral hearing, the Applicant claimed that he has obtained an HKID card and applied for withdrawal of the Form 86 filed on 2 December 2019 for leave to apply for judicial review of the decision of the Torture Claims Appeal Board/ Non-refoulement Claims Petition Office dated 22 November 2019 [1] confirming the decision of the Director of Immigration dated 20 June 2018, which rejected the Applicant’s non-refoulement claim on all applicable grounds.

2.I accede to the Applicant’s request for withdrawal and further order the leave application be dismissed as there is nothing outstanding and the action should not be left at large: see Re Manik MD Mahamudun Nabi [2022] HKCA 471 at §19; Luu Van Hoc v Torture Claims Appeal Board/Non-refoulement Claims Petition Office [2023] HKCA 653 at §25; Ferrolino Jasmin Puno v Torture Claims Appeal Board/ Non-refoulement Claims Petition Office [2023] HKCA 1073 at §16; Ngo Xuan Tuyen v Torture Claims Appeal Board/ Non-refoulement Claims Petition Office [2024] HKCA 1140 at §7; Re Nguyen Thi Lo [2023] HKCA 1141 at §11.

Dated the 2^nd day of April 2025

( Seline Sze )
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 02/04/2025 Ahmed Shahbaz 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 02/04/2025 Torture Claims Appeal Board/Non-refoulement Claims Petition Office Putative Respondent’s ref. no.: USM 12300/18/7/50/P2381 Director of Immigration Putative Interested Party’s ref. no.: QA T/C 2263/18 (formerly RBCZ 10454/17) Department of Justice, Senior Assistant Law Officer (Civil Law) (Civil Litigation Unit 2)