Rahman Mohammad Motiar v. Torture Claims Appeal Board / Non-refoulement Claims Petition Office

Case No.HCAL 2395/2020[2025] HKCFI 6318

Court

High Court CFI

Date24 Dec 2025

Judge—

Case Document

100%

HCAL 2395/2020

[2025] HKCFI 6318

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CONSTITUTIONAL AND ADMINISTRATIVE LAW LIST No 2395 of 2020

BETWEEN
	Rahman Mohammad Motiar	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 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) Vincent Lung:

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

Observations for the Applicant:

Introduction

1.By a Form 86 filed on 7 December 2020, the Applicant applied for leave to apply for judicial review against the decision of the Torture Claims Appeal Board dated 27 October 2020, which affirmed the decision of the Director of Immigration dated 28 May 2020.

2.The Applicant requested for a hearing of this application and he attended the same on 14 October 2025. Subsequent to the hearing, by DOI’s letter dated 12 November 2025, I was informed that the Applicant had applied to withdraw the present application by his letter dated 17 October 2025, on the basis that his issues in his home country have been resolved.

3.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 24^th day of December 2025

(Gladys 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 24/12/2025 Rahman Mohammad Motiar 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 24/12/2025 Torture Claims Appeal Board/ Non-refoulement Claims Petition Office Putative Respondent’s ref. no.: USM 17009/20/6/42/B2160 Director of Immigration Putative Interested Party’s ref. no.: QA T/C 176/20 (formerly RBCZ 10138/20) Department of Justice, Senior Assistant Law Officer (Civil Law) (Civil Litigation Unit 2)

Form CALL-1