Rashid Harun or v. Torture Claims Appeal Board / Non-refoulement Claims Petition Office

Case No.HCAL 859/2020[2025] HKCFI 3144

Court

High Court CFI

Date22 Jul 2025

Judge—

Case Document

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HCAL 859/2020

[2025] HKCFI 3144

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CONSTITUTIONAL AND ADMINISTRATIVE LAW LIST No. 859 of 2020

BETWEEN
	Rashid Harun Or	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 the Applicant being absent in open court;

Order by Deputy High Court Judge (Non-Refoulement Claims) Lewis Law made on 17 July 2025:

1. Leave to withdraw the application for leave to apply for judicial review be granted; and

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

Observations for the Applicant:

1.By a Form 86 filed on 11 May 2020, the Applicant sought leave for judicial review of the decision of the Torture Claims Appeal Board/Non-Refoulement Claims Petition Office made on 17 April 2020, which was made pursuant to a petition/appeal from a decision of the Director of Immigration dated 24 January 2019.

2.The Applicant was absent from the oral hearing of this leave application on 17 July 2025. Earlier on 10 July 2025, he filed an affirmation saying that he wished to withdraw this application as his problem in his country has been solved, and he wanted to go home.

3.I was satisfied the application to withdraw was made out of the Applicant’s own volition and free will. I therefore acceded to the Applicant’s request to withdraw this leave application without adjudicating on its merits. As there was nothing outstanding, and the action should not be left at large, I further ordered that the leave application be dismissed: see Re Manik MD Mahamudun Nabi [2022] HKCA 471 at paragraph 19.

Dated the 22^nd day of July 2025

(Cheung Ho Yat, Annson)
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 22 July 2025 Rashid Harun Or 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 22 July 2025 Torture Claims Appeal Board/ Non-Refoulement Claims Petition Office Putative Respondent’s ref. no.: USM 15519/19/2/38/B1974 Director of Immigration Putative Interested Party’s ref. no.: QA T/C 5119/18 (formerly RBCZ 10940/18) 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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