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HCAL 1099/2024
[2025] HKCFI 5913
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF FIRST INSTANCE
CONSTITUTIONAL AND ADMINISTRATIVE LAW LIST No. 1099 of 2024
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BETWEEN
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Hossain Mohammed Sarfaraj |
Applicant |
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and |
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Torture Claims Appeal Board/
Non-refoulement Claims Petition Office |
Putative
Respondent |
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and |
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Director of Immigration |
Putative |
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Interested Party |
Application for Leave to Apply for Judicial Review
NOTIFICATION of the Judge’s decision (Ord. 53 r. 3)
Following;
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 Application for leave to apply for Judicial Review be withdrawn.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 10 July 2024 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”) and the Director of Immigration (the “Director”) dismissing his appeal against the decision of the Director refusing his application for non-refoulement protection (the “Decision”).
2. On 4 November 2025, the Applicant applied by affirmation to withdraw his leave application (the “withdrawal application”) asserting (i) that he wants to go back to her home country; (ii) that his problem there has been solved; and (iii) he can safety return to his home country. Reading the decision of the Board and all the papers, there is nothing to suggest that his decision to withdraw was made otherwise than out of his own free will and with full understanding of the consequences of the withdrawal. This Court is therefore satisfied that his decision to withdraw his leave application is an informed and conscious decision freely made. Accordingly, his withdrawal application is allowed and his application for leave to apply for judicial review is withdrawn.
Dated the 5th day of December 2025
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( Seline Sze )
for Registrar, High Court
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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:
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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)).
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Sent to the Applicant
on 05/12/2025
Hossain Mohammed Sarfaraj
Applicant’s ref. no:
Nil
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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 05/12/2025
Torture Claims Appeal Board/Non-refoulement Claims Petition Office
Putative Respondent’s ref. no.:
USM 23115
Director of Immigration
Putative Interested Party’s ref. no.:
Department of Justice,
Senior Assistant Law Officer
(Civil Law)
(Civil Litigation Unit 2) |
Form CALL-1
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