Sikder Shamol v. Torture Claims Appeal Board / Non-refoulement Claims Petition Office

Case No.HCAL 3754/2019[2025] HKCFI 1429

Court

High Court CFI

Date11 Apr 2025

Judge—

Case Document

100%

HCAL 3754/2019

[2025] HKCFI 1429

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CONSTITUTIONAL AND ADMINISTRATIVE LAW LIST No 3754 of 2019

BETWEEN
	Sikder Shamol	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 documents only; or

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

Order by Deputy High Court Judge (Non-refoulement Claims) Philips Wong:

The application for leave to apply for judicial review be dismissed.

Observations for the Applicant:

1.By Form 86 filed on 17 December 2019, the Applicant applied for leave to apply for judicial review (the “Leave Application”) against the decision of the Torture Claims Appeal Board / Non‑refoulement Claims Petition Office dated 4 December 2019.

2.The Applicant had requested an oral hearing for the application. The hearing took place on 12 March 2025. The Applicant attended in person.

3.On 20 February 2025, the Court was informed by the Immigration Department that the Applicant was granted stay in Hong Kong on 12 November 2021. On 25 February 2025, the Applicant wrote to the Court and indicated that he would like to withdraw the Leave Application in light of the fact that he had been granted stay in Hong Kong. The aforesaid was confirmed by the Applicant at the hearing on 12 March 2025.

4.In the premises, as there is nothing outstanding in this Action, I dismiss the Leave Application (See Manik MD Mahamudun Nabi [2022] HKCA 471, at §19).

Dated the 11^th day of April 2025

	(Alfred Chan)
	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 11/4/2025 Sikder Shamol 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 11/4/2025 Torture Claims Appeal Board/Non-refoulement Claims Petition Office Putative Respondent’s ref. no.: USM 13140/18/8/410/B1493 Director of Immigration Putative Interested Party’s ref. no.: QA T/C 2400/18 (Formerly RBCZ 10225/16) Department of Justice, Senior Assistant Law Officer (Civil Law) (Civil Litigation Unit 2)

Form CALL-1

Cites 1 case

Cases cited in this judgment

Re Manik Md Mahamudun Nabi

[2022] HKCA 471 · Court of Appeal

01 Apr 2022

Full analysis