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

Case No.HCAL 3428/2019[2025] HKCFI 3917
Court
High Court CFI
Date29 Aug 2025
Judge—
Case Document
100%

HCAL 3428/2019

[2025] HKCFI 3917

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CONSTITUTIONAL AND ADMINISTRATIVE LAW LIST No 3428 of 2019

BETWEEN    
Asaduzzaman 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 Levy:

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

Observations for the Applicant:

Background

1.By a “Notice of application for leave to apply for judicial review” in the prescribed Form 86 filed on 19 November 2019, the applicant applied for leave to apply for judicial review (“Leave Application”).  The intended judicial review was against the decision of the Torture Claims Appeal Board / the Non-Refoulement Claims Petition Office (“Board”) dated 8 November 2019 (“Board’s Decision”) allow the applicant’s appeal against a decision of the Director of Immigration (“Director”) dated 7 April 2017 rejecting the applicant’s non-refoulement claim based on all applicable grounds. The Board’s Decision is set out in the following hyperlink: -

https://legalref.judiciary.hk/doc/judg/html/vetted/other/en/2019/HCAL003428_2019_files/the_Board's_Decision.pdf

Discussion

2.According to the Board’s Decision, the Board had it state in fact allowed the applicant’s appeal against the Director. At [87] of the Board’s Decision:

“The Appeal is allowed and the decision dated 7 April 2017 of the Director of Immigration is reserved. The Appellant is entitled to the non-refoulement protection under the Claim.”

Withdrawal application

3.On 15 July 2025 the applicant applied for withdraw of the Leave Application stating that “the Board accepted my case. Now I want withdraw my case”

4.Apart from the application to withdraw the Leave Application, there is nothing outstanding in this action.  In the circumstances, I make an order to dismiss the Leave Application, and hereby order the dismissal of the Leave Application: see Re Manik Md Mahamudun Nabi [2022] HKCA 471; Ngo Xuan Tuyen v Torture Claims Appeal Board [2024] HKCA 1140.

Order

5.The application for leave to apply for judiciary review be dismissed.

Dated the 29th day of August 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 29/8/2025

Asaduzzaman
 
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 29/8/2025
 
Torture Claims Appeal Board/Non-refoulement Claims Petition Office
Putative Respondent’s ref. no.: USM 6899/17/4/175/B810
Director of Immigration
Putative Interested Party’s ref. no.: QA T/C 3207/16 (formerly RBCZ 3000136/14)
 
Department of Justice,
Senior Assistant Law Officer
(Civil Law)
(Civil Litigation Unit 2)

Form CALL-1

Cites 2 cases

Cases cited in this judgment

Re Manik Md Mahamudun Nabi
[2022] HKCA 471 · Court of Appeal
01 Apr 2022
Full analysis
Ngo Xuan Tuyen v. Torture Claims Appeal Board / Non-refoulement Claims Petition Office
[2024] HKCA 1140 · Court of Appeal
20 Dec 2024
Full analysis
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