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

Case No.HCAL 2191/2020[2025] HKCFI 5129

Court

High Court CFI

Date31 Oct 2025

Judge—

Case Document

100%

HCAL 2191/2020

[2025] HKCFI 5129

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CONSTITUTIONAL AND ADMINISTRATIVE LAW LIST No. 2191 of 2020

BETWEEN
	Mehmood Rashid	Applicant
	and
	Torture Claims Appeal Board/	Putative Respondent
	Non-refoulement Claims Petition Office
	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 documents only; or
	consideration of documents and oral submissions of the Applicant in open court;

Order by Deputy High Court Judge (Non-refoulement Claims) Philips Wong:

1. Form 86 be amended as follows:- the Director of Immigration be named as the Putative Interested Party.

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

Observations for the Applicant:

1.By Form 86 filed on 2 November 2020, the Applicant applied for leave to apply for judicial review (the “Leave Application”) against the decision of the Torture Claims Appeal Board / Non-refoulement Claims Petition Office dated 6 October 2020.

2.In the Form, the Applicant did not name any proposed interested party. As it is trite that the Director of Immigration should be the proposed interested party in an application of this sort, I make an order to amend the Form on the court’s own motion.

3.The Applicant requested an oral hearing for the Leave Application. The hearing was originally scheduled to take place on 8 September 2025. Eventually due to the Tropical Cyclone Warning Signal hoisted on 8 September 2025, the hearing was adjourned to the next day, i.e. 9 September 2025. The Applicant attended the hearing in person.

4.At the hearing, the Applicant indicated that he had already obtained Hong Kong identity card 4 years ago, and he had already informed the Immigration Department. The Applicant said the Leave Application is now of no use to him and he would like to withdraw the case.

5.I am satisfied that the Applicant’s withdrawal request was made out of his own free will. I am further satisfied that the Applicant genuinely wanted to withdraw the Leave Application as he has obtained his Hong Kong identity card.

6.As there is nothing outstanding in this Action, I dismiss the Leave Application (See Manik MD Mahamudun Nabi [2022] HKCA 471, at §19).

Dated the 31^st day of October 2025

(Allen LEE)
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 31/10/2025 Mehmood Rashid 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 31/10/2025 Torture Claims Appeal Board/Non-refoulement Claims Petition Office Putative Respondent’s ref. no.: USM 14940/18/12/297/P2990 Director of Immigration Putative Interested Party’s ref. no.: QA T/C 4702/18 (formerly RBCZ 10674/18) 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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