ASIM MUHAMMAD v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE

HCAL 1711/2021

[2023] HKCFI 1334

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CONSTITUTIONAL AND ADMINISTRATIVE LAW LIST

NO 1711 OF 2021

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D E C I S I O N

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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 (“leave application”).

3.  The application had made an application to withdraw his leave application, saying that he wanted to go back home as his problems had finished and his mother was sick.

4.  This Court had, by an Order dated 11 July 2022 (“the Order”), dismissed his leave application.

5.  By a summons and affirmation filed on 9 May 2023, the applicant applied for leave to appeal against the Order out of time.

6.  The Order was made pursuant to the applicant’s application. Since the Order has been sealed, this Court has no further jurisdiction to deal with this application.

7.  The applicant’s application is therefore dismissed.