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HCAL 2222/2020
[2025] HKCFI 5881
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF FIRST INSTANCE
CONSTITUTIONAL AND ADMINISTRATIVE LAW LIST No. 2222 of 2020
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BETWEEN
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Asique Hossain |
Applicant |
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and |
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Torture Claims Appeal Board/ |
Putative |
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Non-refoulement Claims Petition Office |
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 K.W. Lung:
Leave to apply for Judicial Review be struck out.
Observations for the Applicant:
1. The applicant’s application for leave to apply for judicial review of case Ref. QA 22713/99 (CZ) serial No. A03383 dated 6 November 2017 is struck out for reasons below:
a. The Court was unable to find the above case decisions on the file. The Court wrote to Torture Claims Appeal Board (“the Board”) and enquire if it had issued any decision for the case. The Board replied that it had never issued a decision for the case.
b. For clarification, the Court summoned the applicant before it on 24 November 2025. The Court explained the situation to the applicant and told him that if he was not able to produce the Board’s decisions for its consideration, it would strike out his application.
c. Before the Court, the applicant admitted that he did not have a copy of the decisions of the Board and he had nothing to say.
d. Accordingly, this application is struck out.
Dated the 9th day of December 2025
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(M.O. WONG)(Ms)
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 9/12/2025
Asique Hossain
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 9/12/2025
Torture Claims Appeal Board/Non-refoulement Claims Petition Office
Putative Respondent’s ref. no.:
PET 631/12/2/59/IN100
Director of Immigration
Putative Interested Party’s ref. no.:
QA T/C 777/11 (formerly RBCZ/347/11)
Department of Justice,
Senior Assistant Law Officer
(Civil Law)
(Civil Litigation Unit 2) |
Form CALL-1
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