HOSSAIN NAZIR v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]
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HCAL 49/2021
[2025] HKCFI 4614
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF FIRST INSTANCE
CONSTITUTIONAL AND ADMINISTRATIVE LAW LIST NO 49 OF 2021
BETWEEN | ||
| Hossain Nazir | Applicant | |
| and | ||
| Torture Claims Appeal Board | Putative 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:
consideration of the documents only; or consideration of the documents and oral submissions by the Applicant in open court / the Applicant being absent in open court;
Order by Deputy High Court Judge Bruno Chan:
The application for leave to apply for judicial review be dismissed.
Observations for the Applicant:
1. The Applicant was a 42-year-old national of India who had raised a non‑refoulement claim for protection to the Immigration Department, and after it was rejected by the Director of Immigration (“Director”) on all the applicable grounds under the Unified Screening Mechanism (“USM”), the Applicant on 6 April 2017 lodged an appeal to the Torture Claims Appeal Board (“Board”) against the Director’s decision.
2. Before his appeal could be heard by the Board, the Applicant on 1 November 2019 in writing to the Board requested to withdraw his appeal, and by a Decision dated 28 November 2019 the Board allowed his request upon being satisfied that it was freely sought, that the Applicant fully understood the consequences of his withdrawal, and that he had good reason to do so in that he confirmed that it was safe for him to return to his home country, and accordingly the Board dismissed his appeal and also confirmed the Director’s decision as having and finally determined the Applicant’s non-refoulement claim.
3. However, more than 1 year later the Applicant filed a Form 86 for leave to apply for judicial review of the Board’s decision, but no ground for seeking relief was given in his Form or his supporting affirmation of the same date in which he just repeated his claim as before and asserted that the Director reached his decision wrongly but without providing any details or particulars or elaboration as to how the Director did so, nor did he put forth any proper grounds for his intended challenge of either decisions of the Director or the Board.
4. Before his application could be dealt with by the Court, the Director subsequently in writing informed that the Applicant had passed away on 22 March 2024 at the Queen Elizabeth Hospital.
5. In the premises, and accordingly I hereby dismiss the Applicant’s leave application.
Dated the 2nd day of October 2025
| (Chung Lai Fan, Christine) 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 2 October 2025 Hossain Nazir 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 2 October 2025 Torture Claims Appeal Board Putative Respondent’s ref. no.: BOR 364 Director of Immigration Putative Interested Party’s ref. no.: N/A Department of Justice, Senior Assistant Law Officer (Civil Law) (Civil Litigation Unit 2) |
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