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

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

Because the applicant made an apparent voluntary written application to be returned to Pakistan and confirmed he had nothing further to add when given the opportunity, the court concluded the leave application was moot and dismissed the application; the court also amended Form 86 to add the Director of Immigration as a putative interested party.

Citation
[2025] HKCFI 2494
Parties
Applicant: Basharat Adnan; Putative Respondent: Torture Claims Appeal Board/Non-refoulement Claims Petition Office; Putative Interested Party: Director of Immigration
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
17 June 2025
Case Number
HCAL126/2020
Procedural Posture
Application for Leave to Apply for Judicial Review (non Refoulement/torture Claim) / Leave Application Heard and Dismissed
Outcome
Form 86 amended to add the Director of Immigration as putative interested party; leave to apply for judicial review dismissed.
Legal Topics
Non Refoulement, Torture Claims, Judicial Review Leave, Voluntary Return
Source Language
EN
Administrative Law Immigration Law Constitutional Law Human Rights Law Non Refoulement Torture Claims Judicial Review Leave Voluntary Return

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Parties

Basharat Adnan

Applicant

Torture Claims Appeal Board/Non-refoulement Claims Petition Office

Putative Respondent

Director of Immigration

Putative Interested Party

Procedural Posture

Application for Leave to Apply for Judicial Review (non Refoulement/torture Claim) / Leave Application Heard and Dismissed

Legal Issues

  1. 1 Whether leave to apply for judicial review should be granted in respect of the TCAB decision refusing non-refoulement protection
  2. 2 Whether the applicant's application to be returned to Pakistan renders the leave application moot or warrants dismissal
  3. 3 Whether the return application was voluntary and made of the applicant's own free will

Ratio Decidendi

Because the applicant made an apparent voluntary written application to be returned to Pakistan and confirmed he had nothing further to add when given the opportunity, the court concluded the leave application was moot and dismissed the application; the court also amended Form 86 to add the Director of Immigration as a putative interested party.

Court Disposition

Form 86 amended to add the Director of Immigration as putative interested party; leave to apply for judicial review dismissed.

Orders

  • The Form 86 is amended on the Court's own motion to add the Director of Immigration as a putative interested party.
  • Leave to apply for Judicial Review be dismissed.