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

Case No.HCAL 824/2022[2026] HKCFI 5580

Court

High Court CFI

Date06 Oct 2026

Judge—

Case Document

100%

HCAL 824/2022

[2026] HKCFI 5580

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CONSTITUTIONAL AND ADMINISTRATIVE LAW LIST No. 824 of 2022

BETWEEN

	Asif Kukra	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 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 Application for leave to apply for Judicial Review be withdrawn.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 24 August 2022 for leave to apply for judicial review (the “leave application”) of the decision of the Torture Claims Appeal Board / Non-refoulement Claims Petition Office (the “Board”) dated 16 August 2022 (the “Decision”) dismissing his appeal against the decision of the Director of Immigration (the “Director”) in his Notice of Decision dated 16 September 2021 refusing his application for non-refoulement protection.

2.At the hearing, the Applicant informed the Court that he wished to close his case as he wished to return to India. To make sure that his application to withdraw his leave application was voluntarily made with full understanding of the consequence and that it would be safe for him to return to his home country, the Court enquired from him about the reasons and purpose of his withdrawal. He said he missed his family. While maintaining that the situation in India is still dangerous, he said he had ways to avoid the risk of harm and in that sense it would be safe for him to return to his home country. He confirmed that his decision to withdraw was voluntary and he understood the consequence of withdrawal, in particular that the decision of the Board will become final.

3.This Court is hence satisfied that the withdrawal application was voluntarily made with understanding of the consequence of the withdrawal and that it would be safe for the Applicant to return to India. 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 Asif Kukra 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 Torture Claims Appeal Board/Non-refoulement Claims Petition Office Putative Respondent’s ref. no.: USM 18820/21/9/172/IN3319 Director of Immigration Putative Interested Party’s ref. no.: QA T/C 1083/21 (Formerly RBCZ 10320/21) Department of Justice, Senior Assistant Law Officer (Civil Law) (Civil Litigation Unit 2)

Form CALL-1

Summaries and metadata are generated from the judgment. Report an error