ASHRAF ARSAL v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE [Decision on Leave Application]

bjbj HCAL 1877/2020 [2025] HKCFI 5251 IN THE HIGH COURT OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION COURT OF FIRST INSTANCE CONSTITUTIONAL AND ADMINISTRATIVE LAW LIST No. 1877 of 2020 BETWEEN Ashraf Arsal Applicant Torture Claims Appeal Board / Non-Refoulement Claims Petition Office 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 the Applicant being absent in open court; Order by Deputy High Court Judge (Non-Refoulement Claims) Martin Wong: The Applicant s Form 86 be amended to name only the DOI as a putative interested party; and The application for leave to apply for judicial review be dismissed. Observations for the Applicant: Introduction By a Form 86 filed on 21 September 2020 (the Form 86 ), the Applicant applied for leave to apply for judicial review of a decision by the Torture Claims Appeal Board (the TCAB ) dated 14 September 2020, which affirmed a decision by the Director of Immigration (the ) dated 15 October 2018 in refusing his non-refoulement protection claim. He named the TCAB as the proposed respondent and as an interested party. I amended the Form 86 on my own motion to name only the DOI as a putative interested party. No Intention to Proceed The Applicant requested for a hearing but did not attend the scheduled hearing on the view that the Applicant has no intention to proceed with this application. This application is therefore dismissed. Dated the 11th day of November 2025 (Cheung Ho Yat, Annson) 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 11 November 2025 Ashraf Arsal 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 11 November 2025 Torture Claims Appeal Board / MERGEFIELD M_1st_Putative_Respondent Non-Refoulement Claims Petition Office MERGEFIELD M_1st_Putative Putative Respondent s ref. no.: USM 14101/18/10/443/P2797 MERGEFIELD M_2nd_Putative_Respondent Director of Immigration MERGEFIELD M_2nd_Putative Putative Interested Party s ref. no.: QA T/C 3564/18 (formerly RBCZ 10366/18)(PSO) Department of Justice, Senior Assistant Law Officer (Civil Law) (Civil Litigation Unit 2) ____________________________________________________________________________ Form CALL-1 PAGE \* MERGEFORMAT yk`UJ hGu h?Qk gdg` gdg` gdg` gdg` gdg` gdg` gdg` gdWg tmdtdmdWtdmdFdmd hr< gdg` gdg` ytu_ gdg` gdg` ytu_ gdg` gdg` ytu_ gdg` gdg` gdg` ytu_ pfYLCL hE=; hr< hr< gdg` gdg` gdg` ytu_ gdg` gdg` ytu_ gdg` gdg` gdg` gdg` ytu_ gdg` gdg` gdg` }rjb]PC h5?q hkYU hkYU hkYU gdg` gdg` gdg` gdg` vokdkdk`kR h9(W h f5 h=J2 h f5 gdg` gdg` gdg` gdg` zk`UkND: h?Xs h?Xs h=J2 gdg` gdg` gdg` gdg` gdg` ypgZ h9Nk h?Xs h?Xs h?Xs h?Xs h?Xs h?Xs h?Xs h?Xs h?Xs h?Xs gdg` gdg` gdg` gdg` gdg` gdg` gdg` wneX h9Nk h?Xs h?Xs h?Xs h?Xs h\nL h?Xs h?Xs h?Xs h=J2 h=J2 h?Xs h?Xs h?Xs h9Nk h?Xs h?Xs zszez[QIE h?Xs h?Xs h=J2 h?Xs h=J2 h?Xs h=J2 h?Xs h=J2 h?Xs h?Xs h=J2 h=J2 h=J2 h?Xs h?Xs gdg` gdg` gdg` gdg` gdg` h?Xs ytu_ ytu_ ytu_ ytu_ ytu_ ytu_ ytu_ S!:V ph@@@ ph@@@ mH <sH <6 [Content_Types].xml _rels/.rels theme/theme/themeManager.xml K Y, sQ}# theme/theme/theme1.xml $O}) Xp90 +PHI| PP yu 9xu5 fs+W VF7H q=. 8}d- qyI@ j!Q_ jyV` |PZ+ T ""p < 4V O&x$ A8>v ;EUC n 8r *~P(5 .}x E /,EE\} theme/theme/_rels/themeManager.xml.rels 5 6?$Q K(M&$R(.1 [Content_Types].xmlPK _rels/.relsPK theme/theme/themeManager.xmlPK theme/theme/theme1.xmlPK theme/theme/_rels/themeManager.xml.relsPK <?xml version="1.0" encoding="UTF-8" standalone="yes"?> <a:clrMap xmlns:a="http://schemas.openxmlformats.org/drawingml/2006/main" bg1="lt1" tx1="dk1" bg2="lt2" tx2="dk2" accent1="accent1" accent2="accent2" accent3="accent3" accent4="accent4" accent5="accent5" accent6="accent6" hlink="hlink" folHlink="folHlink"/> mS X (LI'6 hB%, \ZC6T _%sAp B,eN Z[ G TsYp `lp~ hB%, _%sA (LI' \ZC6 Z[ G ]|;) Call 1 HCVF8350R1.DOT Windows User Microsoft Office Word Call 1 Title Form86 12 January 1999 <?xml version="1.0" encoding="UTF-8" standalone="no"?><b:Sources xmlns:b="http://schemas.openxmlformats.org/officeDocument/2006/bibliography" xmlns="http://schemas.openxmlformats.org/officeDocument/2006/bibliography" SelectedStyle="\APASixthEditionOfficeOnline.xsl" StyleName="APA" Version="6"></b:Sources> <?xml version="1.0" encoding="UTF-8" standalone="no"?> <ds:datastoreItem ds:itemID="{2B4FD815-6CC8-4F25-9042-8631FA28BEED}" xmlns:ds="http://schemas.openxmlformats.org/officeDocument/2006/customXml"><ds:schemaRefs><ds:schemaRef ds:uri="http://schemas.openxmlformats.org/officeDocument/2006/bibliography"/></ds:schemaRefs></ds:datastoreItem> Microsoft Word 97-2003 Document MSWordDoc Word.Document.8