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

Case No.HCAL 1381/2021[2026] HKCFI 1624

Court

High Court CFI

Date24 Mar 2026

Judge—

Case Document

100%

HCAL 1381/2021

[2026] HKCFI 1624

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CONSTITUTIONAL AND ADMINISTRATIVE LAW LIST No. 1381 of 2021

BETWEEN
	Karmbir	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 being absent in open court;

Order by Deputy High Court Judge (Non-Refoulement Claims) Lewis Law:

1. Leave to withdraw the application for leave to apply for judicial review be granted; and

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

Observations for the Applicant:

1.By a Form 86 filed on 4 October 2021, the Applicant sought leave for judicial review of the decision of the Torture Claims Appeal Board/Non-Refoulement Claims Petition Office (“the Board”) dated 23 September 2021 (“the Board’s Decision”), which was made pursuant to a petition/appeal from the decision of the Director of Immigration dated 8 November 2018.

2.The Applicant was absent in the hearing of this court application scheduled for 20 January 2026. Later on 30 January 2026, the Applicant filed an affirmation stating that he wished to withdraw this case because he wanted to go back to his home country India. In the circumstances, I am satisfied that the Applicant decided to withdraw on his own volition and free will. I accede to the application for withdrawal without adjudicating on its merits. As there is nothing outstanding, and the action should not be left at large, I further order that the leave application be dismissed: see Re Manik MD Mahamudun Nabi [2022] HKCA 471 at paragraph 19.

Dated the 24^th day of March 2026

(Klein Tse)
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 March 2026 Karmbir 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 March 2026 Torture Claims Appeal Board/ Non-Refoulement Claims Petition Office Putative Respondent’s ref. no.: USM 14445/18/11/288/IN2850 Director of Immigration Putative Interested Party’s ref. no.: QA T/C 3898/18 (formerly RBCZ/12970/15) 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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