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Sarwar Muhammad Kaleem v. Torture Claims Appeal Board / Non-refoulement Claims Petition Office

Case No.HCAL 730/2020[2025] HKCFI 4180
Court
High Court CFI
Date10 Sep 2025
Judge—
Case Document
100%

HCAL 730/2020

[2025] HKCFI 4180

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CONSTITUTIONAL AND ADMINISTRATIVE LAW LIST No. 730 of 2020

BETWEEN    
Sarwar Muhammad Kaleem 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:

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 21 April 2020, the Applicant sought leave for judicial review of the decision of the Torture Claims Appeal Board/Non-Refoulement Claims Petition Office made on 23 March 2020, which was made pursuant to a petition/appeal from a decision of the Director of Immigration dated 27 October 2017.  

2.The Applicant was absent from the oral hearing of this leave application on 24 July 2025.  Earlier the same day, the Court received an undated letter written in the Applicant’s name saying that he wished to withdraw this application as he had obtained a HKID Card. The relevant HKID Card number was provided in the letter.   

3.Although the letter was not formally filed with the Court’s registry, having looked into all the circumstances, I am satisfied the application to withdraw was made by the Applicant and out of his own volition and free will.  I acceded to the Applicant’s request to withdraw this leave application.

4.To play safe, I have also looked into the Board’s decision sought to be reviewed (which copy can be seen by following hyperlink[1].) and the Applicant’s Form 86.  There has been no suggestion of any public law error of the decision in the Form 86.  Having considered the decision vigorously and anxiously, I am unable to detect any error in it. 

5.I therefore order the leave application to be dismissed on merit.  In other words, even if the Applicant has not sought to withdraw the application, I would still have come to the same decision of dismissing it.    

Dated the 10th day of September 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 10 September 2025
 
Sarwar Muhammad Kaleem
 
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 September 2025

Torture Claims Appeal Board/ Non-Refoulement Claims Petition Office
Putative Respondent’s ref. no.:
USM 9144/17/11/155/P1796

Director of Immigration
Putative Interested Party’s ref. no.:
QA T/C 2263/17 (T8S129) (formerly RBCZ 14491/15)

Department of Justice,
Senior Assistant Law Officer
(Civil Law)
(Civil Litigation Unit 2)

Form CALL-1