Hussain Basharat v. Torture Claims Appeal Board / Non-refoulement Claims Petition Office

Case No.HCAL 707/2021[2026] HKCFI 1200

Court

High Court CFI

Date13 Mar 2026

Judge—

Case Document

100%

HCAL 707/2021

[2026] HKCFI 1200

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CONSTITUTIONAL AND ADMINISTRATIVE LAW LIST No. 707 OF 2021

BETWEEN
	Hussain Basharat	Applicant
	and
	The 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 oral submissions by the Applicant in open court;

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

1. Form 86 be amended, naming 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 17 May 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 28 April 2021 (the “TCAB Decision”), which affirmed the decision of the Director of Immigration (the “DOI”) dated 13 August 2018.

2.I amend the Form 86 on my own motion to name the DOI as the putative interested party.

3.The Applicant requested for a hearing of this application. During the hearing, he expressed his wish to withdraw the application, as he had obtained an identity card for 4 years already, and had since visited his home country twice. The problems in his home country have already been resolved.

4.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 13^th day of March 2026

(Annson Cheung)
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 13/3/2026 Hussain Basharat 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 13/3/2026 Torture Claims Appeal Board Putative Respondent’s ref. no.: USM 13123/18/8/393/P2568 Director of Immigration Putative Interested Party’s ref. no.: QA T/C 2472/18 (formerly RBCZ/2000420/14) 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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