BabelCite

Khan Naheed v. Torture Claims Appeal Board / Non-refoulement Claims Petition Office

Case No.HCAL 507/2021[2025] HKCFI 6031
Court
High Court CFI
Date11 Dec 2025
Judge—
Case Document
100%

HCAL 507/2021

[2025] HKCFI 6031

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CONSTITUTIONAL AND ADMINISTRATIVE LAW LIST NO 507 OF 2021

BETWEEN
  Khan Naheed Applicant
  and  
  Torture Claims Appeal Board/ Putative
  Non-refoulement Claims Petition Office 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 absent in open court;

Order by Deputy High Court Judge (Non-refoulement Claims) Jeffrey Chau:

1.  Form 86 be amended, naming only the Torture Claims Appeal Board/Non‑refoulement Claims Petition Office as the Putative Respondent and the Director of Immigration as the Putative Interested Party.

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

Observations for the Applicant:

Introduction

1.By a Form 86 filed on 12 April 2021 (the “Form 86”), the Applicant applied for leave to apply for judicial review against the decision by the Torture Claims Appeal Board (the “TCAB”) dated 26 February 2021 (the “TCAB Decision”)[1], which affirmed the decision of the Director of Immigration (the “DOI”) dated 24 September 2018 (the “DOI Decision”).

2.In the Form 86, the Applicant also sought leave for judicial review against the DOI Decision. But the DOI Decision is superseded by the TCAB Decision (Re Moshin Ali [2018] HKCA 549 at [45]). Thus, this leave application only concerns the TCAB Decision.

3.I amend the Form 86 on my own motion to name the TCAB as the putative respondent and DOI as the putative interested party.

4.The Applicant requested for a hearing of this application. Before the hearing, by a letter dated 6 November 2025 to the Registrar, the Applicant informed the Court that he has since successfully obtained his Hong Kong Identity Card and requested that the application be treated as withdrawn. He was absent from the hearing.

5.I accede to the withdrawal. As explained in Re Manik Md Mahamudun Nabi [2022] HKCA 471 at [19(1)], there was nothing outstanding in the action. The application is therefore dismissed.

Dated the 11th day of December 2025

  (Edison Ho)
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 11/12/2025

Khan Naheed

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 11/12/2025

Torture Claims Appeal Board
Putative Respondent’s ref. no.:
USM 13769/18/10/111/P2725

Director of Immigration
Putative Interested Party’s ref. no.:
QA T/C 3136/18 (Formerly RBCZ 10218/16)

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


Form CALL-1

Cites 2 cases

Cases cited in this judgment

Re Moshsin Ali
[2018] HKCA 549 · Court of Appeal
24 Aug 2018
Full analysis
Re Manik Md Mahamudun Nabi
[2022] HKCA 471 · Court of Appeal
01 Apr 2022
Full analysis
Related Cases
Ranked by citation overlap · cases that cite each other appear first

Raza Salim v. Torture Claims Appeal Board / Non-refoulement Claims Petition Office

HCAL 16/2022 · High Court CFI
16 Mar 2026
2 shared citations

Butt Muhammad Yousaf v. Torture Claims Appeal Board / Non-refoulement Claims Petition Office

HCAL 1267/2020 · High Court CFI
31 Oct 2025
2 shared citations

Muhammad Imran Cheema v. Torture Claims Appeal Board / Non-refoulement Claims Petition Office

HCAL 1174/2020 · High Court CFI
22 Aug 2025
2 shared citations

Bui Thi Huyen v. Torture Claims Appeal Board / Non-refoulement Claims Petition Office

HCAL 180/2020 · High Court CFI
23 May 2025
2 shared citations