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

Case No.HCAL 1857/2020[2025] HKCFI 4479

Court

High Court CFI

Date10 Oct 2025

Judge—

Case Document

100%Judiciary

HCAL 1857/2020

[2025] HKCFI 4479

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CONSTITUTIONAL AND ADMINISTRATIVE LAW LIST No. 1857 of 2020

BETWEEN
	Kakooza Jamil	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) Martin Wong made on 9 September 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:

Introduction

1.By a Form 86 filed on 17 September 2020 (the “Form 86”), the Applicant applied for leave to apply for judicial review of a decision by the Torture Claims Appeal Board (the “TCAB”) dated “9 December 2019”. He named the TCAB as the proposed respondent as well as an interested party.

2.From the case record, there was a decision by the TCAB dated 18 August 2020 (the “TCAB Decision”) which affirmed a decision by the Director of Immigration (the “DOI”) dated 12 September 2019 in refusing the Applicant’s non-refoulement protection claim.

3.I take it that the Applicant is seeking judicial review of the TCAB Decision and I amended the Form 86 on my own motion accordingly, naming the TCAB only as the putative respondent and the DOI as the only putative interested party.

4.The Applicant requested for a hearing and attended the same.

Withdrawal

5.At the hearing on 9 September 2025, the Applicant informed me that he has filed a letter of withdrawal with the Registry. I asked to see the said letter and it was handed up.

6.The said letter indeed stated a request for this application to be withdrawn, and dismissed. I confirmed with the Applicant that it was what he wanted to do, he confirmed so, adding that the legal proceedings were too stressful for him and he just wanted to go back to his home country.

7.There is nothing to indicate that the Applicant’s decision to withdraw his Form 86 application was made other than out of his own free will and there is nothing outstanding in this action, I therefore acceded to the Applicant’s request and formally dismissed this application at the hearing.

Dated the 10^th day of October 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 October 2025 Kakooza Jamil 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 October 2025 Torture Claims Appeal Board/ Non-Refoulement Claims Petition Office Putative Respondent’s ref. no.: USM 16322/19/9/78/U133 Director of Immigration Putative Interested Party’s ref. no.: QA T/C 439/19 (formerly RBCZ 10309/19) Department of Justice, Senior Assistant Law Officer (Civil Law) (Civil Litigation Unit 2)

Form CALL-1