Tahir Muhammad v. Torture Claims Appeal Board

Case No.HCAL 3385/2019[2025] HKCFI 5452

Court

High Court CFI

Date11 Nov 2025

Judge—

Case Document

100%Judiciary

HCAL 3385/2019

[2025] HKCFI 5452

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CONSTITUTIONAL AND ADMINISTRATIVE LAW LIST NO 3385 OF 2019

BETWEEN
	Tahir Muhammad	Applicant
	and
	Torture Claims Appeal Board	Putative
		Respondent
	and
	Director of Immigration	Putative
		Interested Party

Application for Leave to Apply for Judicial Review

NOTIFICATION of the Judge’s decision (Order 53, rule 3)

Following:

consideration of the documents only; or

consideration of the documents and oral submissions by the applicant or counsel in open court;

Order by Deputy High Court Judge Michael WONG:

1. On this court’s own motion, “Director of Immigration” be added as the putative interested party.

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

Observations for the applicant:

The Leave Application

1.By way of Form 86 dated and filed on 14 November 2019, the applicant applied for leave to apply for judicial review (“the Leave Application”) in respect of the decision of the Torture Claims Appeal Board (“the Board”) dated 8 November 2019.

2.The Board found that the applicant’s appeal/petition against the decision of the Director of Immigration (“the Director”) dated 29 June 2018 failed on all the applicable grounds under the Unified Screening Mechanism and hence confirmed the same.

Amendments

3.The applicant did not name any putative interested party in Form 86. Hence, on this court’s own motion, “Director of Immigration” is added as the putative interested party.

The applicant’s case

4.The applicant claimed for non-refoulement protection because if refouled to Pakistan, he would be harmed or killed by a Mr Asim with whom he was engaged in a business venture, and/or a Mr Fayyaz or members of the Pakistan Muslim League – Nawaz against whom he had campaigned as a supporter of the Pakistan Awami Tehreek party.

Change of the applicant’s status

5.By a letter dated 25 August 2025, the Director informed this court that the applicant had not been removed and had been granted permission to stay.

Discussion

6.As the applicant has been granted permission to stay in Hong Kong, it is clear that he no longer needs non-refoulement protection.

7.Thus, the Leave Application no longer serves any practical purpose, and it is otiose and pointless to consider the merits of the Leave Application.

8.It is well established that the court may exercise discretion not to grant a remedy on judicial review if it would serve no practical purpose, where it may have become otiose or pointless to grant a remedy because the relevant detriment to the applicant has been removed (see AW v Director of Immigration and William Lam, CACV 63 of 2015).

9.In the premises, this court exercises its discretion not to grant any remedy to the applicant and the Leave Application ought to be dismissed.

Conclusion

10.For reasons aforesaid, the Leave Application is dismissed.

Dated the 11^th day of November 2025

(Irene 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 his 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/Handed to the applicant/the applicant’s solicitors on: 11 November 2025 Applicant’s ref. no: Nil		Sent/Handed 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: 11 November 2025 Torture Claims Appeal Board/Non-refoulement Claims Petition Office Putative respondent’s ref. no.: USM 12490/18/7/240/P2426 Director of Immigration Putative interested party’s ref. no.: QA T/C 1997/18 (Formerly RBCZ 10705/16) Department of Justice, Senior Assistant Law Officer (Civil Law) (Civil Litigation Unit 2)

Form CALL-1

Cites 1 case

Cases cited in this judgment

Aw v. Director of Immigration and Another