AKRAM WASI v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE

HCAL 222/2023

[2026] HKCFI 2198

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CONSTITUTIONAL AND ADMINISTRATIVE LAW LIST

NO. 222 OF 2023

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BETWEEN

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DECISION

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The application

1.  The applicant is an illegal immigrant by staying in Hong Kong without permission and he lodged a non-refoulement claim with the Director of Immigration (“the Director”). The Director rejected his application and he appealed to the Torture Claims Appeal Board (“the Board”). Having considered his evidence, the Board, by its Decision (“the Board’s Decision”), rejected his appeal and affirmed the Director’s Decision.

2.  Pursuant to Order 53, rule 3(2) of the Rules of the High Court (“RHC”), the applicant filed Form No. 86 to apply for leave to apply for judicial review of the Board’s Decision.

3.  However, he applied to the Court for withdrawal of his application.

4.  By Order dated 4 November 2025, this Court acceded to his request. Since there was nothing outstanding in the action, this Court dismissed his application.

5.  The applicant now says that he had made his withdrawal application due to his miscommunication with his home. This does not alter the position that he had made his withdrawal application of his own free will. There is no valid reason for him to appeal against the Court’s Order acceding to his application.

6.  In the circumstances, I refuse to extend time for his appeal. Accordingly, I dismiss his application.