Case Document

100%Judiciary

HCAL 3733/2019

[2025] HKCFI 2455

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CONSTITUTIONAL AND ADMINISTRATIVE LAW LIST No. 3733 of 2019

BETWEEN
	Ahmed Ejaz	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:

1. Form 86 be amended as follows:- (1) the Director of Immigration be named as the Putative Interested Party; (2) the date of the decision the subject matter of the judicial review be amended to 9 December 2019; and

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

Observations for the Applicant:

1.By Form 86 filed on 16 December 2019 (the “Form”), 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 (the “Board”) dated 9 December 2019 (the “Board’s Decision”).

2.In the Form, the Applicant has named the Board as both the proposed respondent and the proposed interested party. As it is trite that the Board should be the proposed respondent and the Director of Immigration should be the proposed interested party in an application of this sort, I make an order to amend the Form accordingly on the court’s own motion. The Applicant had also got the date of the Board’s Decision wrong in the Form. The correct date of the decision should be 9 December 2019. I make an order to amend the date as well.

3.The Applicant requested an oral hearing for the application. The hearing took place on 10 March 2025. The Applicant attended in person. At the hearing, the Applicant stated that he had already obtained Hong Kong identity card and can remain in Hong Kong. Accordingly, he wanted to close the case. By the letter issued by the Immigration Department dated 4 February 2025, it was also confirmed that the Applicant has been permitted to remain in Hong Kong as a resident.

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 10^th day of June 2025.

(Allen LEE)
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 10/6/2025 Ahmed Ejaz 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 10/6/2025 Torture Claims Appeal Board/Non-refoulement Claims Petition Office Putative Respondent’s ref. no.: USM 12521/18/7/271/P2432 Director of Immigration Putative Interested Party’s ref. no.: QA T/C 2200/18 (formerly RBCZ 12046/15) 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

Cited by 1 case

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