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

Case No.HCAL 306/2023[2026] HKCFI 5033

Court

High Court CFI

Date11 Sep 2026

Judge—

Case Document

100%

HCAL 306/2023

[2026] HKCFI 5033

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CONSTITUTIONAL AND ADMINISTRATIVE LAW LIST NO 306 OF 2023

BETWEEN

	Usman Muhammad	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 oral submission by the Applicant in open court;

Order by Deputy High Court Judge Andrew Li:

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:

Introduction

1.By a Form 86 filed on 28 February 2023 (“the Form 86”), the Applicant applied for leave to apply for judicial review of a decision by the Torture Claims Appeal Board (“the Board”) dated 13 January 2023 (“the Board’s Decision”), which affirmed a decision by the Director of Immigration (“the Director”) dated 21 October 2021 in refusing the Applicant’s non-refoulement protection claim. He named the TCAB as the proposed respondent and the Director as the interested party.

2.The Applicant requested for a hearing and he attended the same.

Withdrawal

3.Prior to the hearing, by an affirmation filed on 18 August 2026, the applicant made an ex-parte application to withdraw the application for leave for judicial review. He stated that he wants to return to his home country (which is Pakistan) as he considers that it is now safe for him to do so.

4.At the hearing, the applicant confirmed the above to the court.

5.There is nothing to indicate that the applicant’s decision to withdraw his application was made anything other than out of his own free will and there is nothing outstanding in this action, I therefore accede to the withdrawal application and formally dismiss this application.

Dated the 11^th day of September 2026

(Cheung Ho Yat, Annson)
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 11/9/2026 Usman Muhammad 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 11/9/2026 Torture Claims Appeal Board / Non-Refoulement Claims Petition Office Putative Respondent’s ref. no.: USM 19060 Director of Immigration Putative Interested Party’s ref. no.: QA T/C 784/21 (formerly RBCZ 10257/21) Department of Justice, Senior Assistant Law Officer (Civil Law) (Civil Litigation Unit 2)

Form CALL-1