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Mohammed Akram v. Torture Claims Appeal Board / Non-refoulement Claims Petition Office

Case No.HCAL 3606/2019[2025] HKCFI 2091
Court
High Court CFI
Date08 Jul 2025
Judge—
Case Document
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HCAL 3606/2019

[2025] HKCFI 2091

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CONSTITUTIONAL AND ADMINISTRATIVE LAW LIST No 3606 of 2019

BETWEEN    
Mohammed Akram 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 made on 10 February 2025:

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

Observations for the Applicant:

1.By Form 86 dated 4 December 2019, the Applicant applies for leave to apply for judicial review (“the Leave Application”) of the decision of the Torture Claims Appeal Board/ Non-refoulement Claims Petition Office dated 29 November 2019 (“the Board’s Decision”) confirming the decision of the Director of Immigration dated 21 August 2018, which rejected his non-refoulement claim on all applicable grounds under the Unified Screening Mechanism (USM).

2.The Applicant’s personal background, the incidents alleged to show that he would be harmed or killed in India by his uncle and family, and the immigration and procedural history, etc. were set out in the Board’s Decision.  It is not necessary for me to restate them here.  For completeness’ sake, reference can be made to the Board’s Decision, the hyperlink to which is included below[1].  The Board’s abbreviations and descriptions are adopted below unless otherwise indicated. 

3.At the oral hearing, the Applicant indicates that he would like to withdraw the Leave Application.  I accede to the Applicant’s request and make an order that the application herein for leave be dismissed (see Re Manik Md Mahamudun Nabi [2022] HKCA 471 at §19).

Dated the 8thday of July 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 8/7/2025

Mohammed Akram

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 8/7/2025
 
Torture Claims Appeal Board/Non-refoulement Claims Petition Office
Putative Respondent’s ref. no.:
USM 13154/18/8/424/IN2619
 
Director of Immigration
Putative Interested Party’s ref. no.:
QA T/C 2669/18 (T9I75) (Formerly RBCZ 12915/15)
 
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
[2022] HKCA 471 · Court of Appeal
01 Apr 2022
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