Case Document

100%Judiciary

HCAL 3849/2019

[2025] HKCFI 1526

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CONSTITUTIONAL AND ADMINISTRATIVE LAW LIST No. 3849 of 2019

BETWEEN
	Ali Mobashir	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) Martin Wong:

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

Observations for the Applicant:

Introduction

1.By a Form 86 Filed on 24 December 2019 (the “Form 86”), the Applicant applied for leave to apply for judicial review of the Torture Claims Appeal Board (the “TCAB”) dated 19 December 2019 affirming the decision by the Director of Immigration (the “DOI”) dated 11 September 2019 refusing the Applicant’s non-refoulement protection claim. He named the TCAB as the proposed respondent and the DOI as an interested party.

2.The Applicant requested for a hearing of this application and he attended the same. When asked if he had anything to add he confirmed that he had not.

Withdrawal of Application

3.After the hearing, the Applicant on 3 April 2025 by letter informed the Immigration Department that he wished to withdraw the present application and be returned. This was relayed to the Court by a letter of the Immigration Department dated 17 April 2025, enclosing a handwritten letter signed by the Applicant dated 3 April 2025.

4.There is nothing to indicate that the decision to withdraw was made other than out of the Applicant’s free will and there is nothing outstanding in this action, I therefore accede to the withdrawal and formally dismiss this application.

Dated the 12^th day of May 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 12/5/2025 Ali Mobashir 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 12/5/2025 Torture Claims Appeal Board/Non-refoulement Claims Petition Office Putative Respondent’s ref. no.: USM 16312/19/9/68/P3210 Director of Immigration Putative Interested Party’s ref. no.: QA T/C 707/19 (formerly as RBCZ 171/19) Department of Justice, Senior Assistant Law Officer (Civil Law) (Civil Litigation Unit 2)

Form CALL-1

Cites 1 case

Cases cited in this judgment

Ali Mobashir v. Torture Claims Appeal Board / Non-refoulement Claims Petition Office

HCAL 3849/2019

High Court CFI10 Dec 2025

Other Judgments in This Case

Further hearings and rulings under HCAL 3849/2019

Ali Mobashir v. Torture Claims Appeal Board / Non-refoulement Claims Petition Office

High Court CFI10 Dec 2025