Almas Khawar v. Director of Immigration

Case No.HCAL 120/2026[2026] HKCFI 5579

Court

High Court CFI

Date06 Oct 2026

Judge—

Case Document

100%

HCAL 120/2026

[2026] HKCFI 5579

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CONSTITUTIONAL AND ADMINISTRATIVE LAW LIST No. 120 of 2026

BETWEEN

	Almas Khawar	Applicant
	and
	Director of Immigration	Putative
		Respondent

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 documents and oral submissions by the Applicant in open court;

Order by Deputy High Court Judge To:

1. Application to withdraw the application for leave to apply for Judicial Review (“Form 86”) be granted; and

2. Application for leave to apply for Judicial Review be withdrawn.

Observations for the Applicant:

Introduction

1.This is the Applicant’s application by Form 86 filed on 12 January 2026 for leave to apply for judicial review (the “leave application”) of the decision of the Director of Immigration (the “Director”) in his letter dated 6 January 2026 refusing to take further action in respect of his request to make a subsequent claim dated 15 July 2025.

2.The Applicant had previously lodged a non-refoulement claim which had been rejected by the Director’s Notice of Decision dated 30 December 2016. His appeal against the Director’s decision was dismissed by the Torture Claims Appeal Board/ Non-refoulement Claims Petition Office on 1 June 2018. He claimed to have made a request to file a subsequent claim on 15 July 2025 and exhibited a letter dated 6 January 2026 by the Director refusing to take further action in respect of his request. On 12 January 2026, he filed the leave application.

3.The leave application was scheduled to be heard on 24 September 2026. Notice of hearing was sent to the Applicant by post on 4 September 2026. On 17 September 2026, the Court received a letter from the Applicant withdrawing his leave application. He gave no reason for withdrawing the leave application. To satisfy itself that the Applicant’s withdrawal was voluntarily made with understanding of the consequences, the Court proceeded with the hearing as scheduled.

4.At the hearing, the Applicant confirmed that he now wished to withdraw his leave application as he had received a letter from the Immigration Department dated 17 September 2026 agreeing to process his request. This Court is hence satisfied that the withdrawal application was voluntarily made with understanding of the consequence of the withdrawal. The Court also considered it would be in the best interest of the Applicant to allow the withdrawal application so that his request to file a subsequent claim may be processed as soon as possible. Hence, the Court grants leave for the leave application to be withdrawn.

Dated the 6^th day of October 2026

( Seline Sze )
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 06/10/2026 Almas Khawar 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 06/10/2026 Director of Immigration Putative Respondent’s ref. no.: RBCZ/3002024/14 Department of Justice, Senior Assistant Law Officer (Civil Law) (Civil Litigation Unit 2)

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