|
HCAL 972/2021
[2026] HKCFI 2107
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF FIRST INSTANCE
CONSTITUTIONAL AND ADMINISTRATIVE LAW LIST No 972 of 2021
|
BETWEEN
|
| |
Khan Jamshed |
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:
Order by Deputy High Court Judge Levy:
1. The Form 86 be amended on the court’s own motion.
2. The applicant’s application for leave to apply for judicial review against the Board’s Decision dated 30 April 2021 is dismissed.
Introduction
1. By a “Notice of application for leave to apply for judicial review” in the prescribed Form 86 filed on 9 July 2021, the applicant applied for leave to apply for judicial review (“Leave Application”). The intended judicial review was against the decision of the Torture Claims Appeal Board / the Non-Refoulement Claims Petition Office (“Board”) dated 30 April 2021 (“Board’s Decision”) dismissing the applicant's appeal against the decision of the Director of Immigration (“Director”) dated 14 February 2019 (“Director’s Decision”) on all applicable grounds[1]. The Board’s Decision can be viewed at the following hyperlink: -
https://legalref.judiciary.hk/doc/judg/html/vetted/other/en/2021/HCAL000972_2021_files/the_Board's_Decision.pdf
2. In the Form 86, the applicant named the Director and the Adjudicator of the Board as the proposed respondents and the Board as the interested party. As the Board should have been the proper respondent and the Director should the proper interested party, the Form 86 will be amended accordingly on the court’s own motion.
3. The basis of the applicant’s claim was that, if refouled to Pakistan, he would be harmed or killed by Malik and his subordinates after the applicant had witnessed their illegal activities.
4. Before the court scheduled a hearing for the Leave Application, the Immigration Department faxed a letter on 19 December 2025, informing the court that the applicant had been granted permission to stay in Hong Kong on 9 March 2022.
5. Since the applicant is no longer in need of any non-refoulement protection, this court orders the dismissal of the Leave Application.
Orders
6. The Form 86 be amended on the court’s own motion.
7. As the applicant has been granted permission to stay in Hong Kong, and is no longer in need of any non-refoulement protection, his application for leave to apply for judicial review against the Board’s Decision dated 30 April 2021 is dismissed.
Dated the 17th day of April 2026
| |
(Alfred Chan)
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 17/4/2026
Khan Jamshed
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 17/4/2026
Torture Claims Appeal Board/Non-refoulement Claims Petition Office
Putative Respondent’s ref. no.: USM 15614/19/2/133/P3102
Director of Immigration
Putative Interested Party’s ref. no.: QA T/C 5204/18 (formerly RBCZ 10919/18 (PSO))
Department of Justice,
Senior Assistant Law Officer
(Civil Law)
(Civil Litigation Unit 2) |
Form CALL-1
[1] The applicable grounds are risk of torture under Part VIIC of the Immigration Ordinance (“torture risk”) , BOR 2 risk (this refers to the risk of violation of the right to life under Art. 2 of s.8 of the Hong Kong Bill of Rights Ordinance, Cap. 383 (“HKBOR”), BOR 3 risk (this refers to the risk of torture or cruel, inhuman or degrading treatment or punishment under Art 3 of HKBOR) and persecution risk (This refers to the risk of persecution with reference to the non-refoulement principle under Art. 33 of the 1951 Convention relating to the Status of Refugees and its 1967 Protocol) under the USM (This refers to the Hong Kong Government’s Unified Screening Mechanism (“USM”) implemented since 3 March 2014 to process claims for non-refoulement protection. For a detailed description of the USM, see the judgment of Zervos J in HKSAR v Vu Thang Duong & Anor [2015] 3 HKC 293.
|