Muhammad Sajid v. Torture Claims Appeal Board / Non-refoulement Claims Petition Office
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HCAL 1528/2020 [2025] HKCFI 4110 IN THE HIGH COURT OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION COURT OF FIRST INSTANCE CONSTITUTIONAL AND ADMINISTRATIVE LAW LIST No. 1528 of 2020
Application for Leave to Apply for Judicial Review Following:
Order by Deputy High Court Judge (Non-refoulement Claims) YW Hew:
Observations for the Applicant: Introduction 1.The Applicant is a national of Pakistan. By a Form 86 dated and filed on 22 July 2020 (“Form 86”), which was accompanied by a supporting Affirmation also dated and filed on 22 July 2020 (“the Affirmation”), the Applicant sought leave to commence a judicial review of a decision dated 8 July 2020 which is one of the Torture Claims Appeal Board (“TCAB”)/Non-Refoulement Claims Petition Office (“NRCPO”) (“the TCAB Decision”)[1]. 2.At the oral hearing on 4 September 2025 the Applicant told me that he wanted to close and withdraw his application as he had obtained a Hong Kong Identity Card. He then affirmed as evidence that he wanted to withdraw his application, was doing so of his own free will and volition, and that he understood that if I granted his application to withdraw then I was likely to dismiss the application for leave to apply for judicial review. He had no comments on my intention to amend the Form 86 of my own motion to reflect the identity of the proper putative respondent and interested party. 3.In the circumstances I accede to the Applicant’s request to withdraw his application for leave for judicial review without adjudicating on the merits thereof, and make the orders above. I order that the leave application should be dismissed as the action should not be left at large: see Re Manik MD Mahamudun Nabi [2022] HKCA 471 at paragraph 19; Luu Van Hoc v Torture Claims Appeal Board/Non-refoulement Claims Petition Office [2023] HKCA 653 at paragraph 25; Ferrolino Jasmin Puno v Torture Claims Appeal Board/ Non-refoulement Claims Petition Office [2023] HKCA 1073 at paragraph 16; Ngo Xuan Tuyen v Torture Claims Appeal Board/ Non-refoulement Claims Petition Office [2024] HKCA 1140 at paragraphs 7 and 14; Re Nguyen Thi Lo [2023] HKCA 1141 at paragraph 11. Dated the 25th day of September 2025
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
Form CALL-1 [1] https://legalref.judiciary.hk/doc/judg/html/vetted/other/en/2020/HCAL001528_2020_files/the_Board's_Decision.pdf. I take it that he was applying in relation to the TCAB Decision as he identified the “decision of the Appeal Board” in the Form 86 and the TCAB Decision was exhibited to the Affirmation, notwithstanding that in the Form 86 he erroneously specified the date of a decision by the Director of Immigration, from which he petitioned/appealed to the TCAB/NRCPO resulting in the TCAB Decision. | |||||||||||||||||||||||||||||||||||||
Cases cited in this judgment