MAJID RASHEED BUTT v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE

HCAL 257/2015

[2026] HKCFI 4334

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CONSTITUTIONAL AND ADMINISTRATIVE LAW LIST

NO 257 OF 2015

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D E C I S I O N

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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 dated 15 May 2015 (“the Board’s Decision”), dismissed 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.  By Form CALL-1 dated 20 November 2018 (“the Order”), the Court granted leave to the applicant. Under Order 53, rule 5(5) of the Rules of the High Court, the applicant must issue the Originating Summons to apply for leave for judicial review of the Board’s Decision within 14 days after the grant of leave or from the date of the Order.

4.  The Order was sent to the applicant’s solicitor on 20 November 2018. He is deemed to receive the Court’s decision.

5.  The time for issuing the Originating Summons expired on 4 December 2018.

6.  Up to date, the applicant has not filed an originating summons to apply for leave for judicial review of the Board’s Decision.

7.  It appears that the applicant has been taking advantage of the Order to stay in Hong Kong for over 7 years.

8.  Pursuant to Order 1B, rule 1(2)(a) of the Rules of the High Court, this Court, for the purpose of case management and on its own motion, will make an “unless order” below.

9.  Pursuant to Order 42, rule 2(1) of the Rules of the Hight Court and Practice Direction – 16.5, this Court now makes an “Unless Order” in terms as follows:

“Unless the applicant issues an originating summons for judicial review of the Board’s Decision within 14 days of the service of this Order, the applicant’s application shall be deemed to have been abandoned, the leave granted shall be set aside and the application be dismissed forthwith without further order.”

10.  By letter dated 17 July 2026, the solicitors informed this Court that they no longer acted for the applicant.

11.  This Order should be sent to the applicant at his last known address.

12.  A copy of this Order shall be delivered to the Department of Justice for notice and appropriate action to be taken.