BUTT MUHAMMAD YOUSAF v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE [Decision on Leave Application]

BUTT MUHAMMAD YOUSAF v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE [Decision on Leave Application]

The leave application was dismissed because the Director's decision was superseded by the Board's decision and therefore not susceptible to judicial review after appeal to the Board, and because the Applicant validly and voluntarily withdrew the application upon obtaining a Hong Kong identity card; consequently Form 86 was amended to name the Board as Putative Respondent and the Director as Putative Interested Party.

Citation
[2025] HKCFI 5128
Parties
Applicant: Butt Muhammad Yousaf; 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
31 October 2025
Case Number
HCAL1267/2020
Procedural Posture
Application for Leave to Apply for Judicial Review / Leave Application — Notification of Decision on Documents
Outcome
Application for leave to apply for judicial review dismissed.
Legal Topics
Non Refoulement, Leave to Apply for Judicial Review, Jurisdiction and Appeal, Withdrawal of Proceedings, Procedural Amendment of Court Forms
Source Language
EN
Constitutional and Administrative Law Immigration Law Human Rights Law Refoulement/asylum Law Non Refoulement Leave to Apply for Judicial Review Jurisdiction and Appeal Withdrawal of Proceedings +1 more

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Parties

Butt Muhammad Yousaf

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 / Leave Application — Notification of Decision on Documents

Legal Issues

  1. 1 Whether the Director of Immigration's decision remained susceptible to judicial review after appeal to the Torture Claims Appeal Board/Non-refoulement Claims Petition Office
  2. 2 Whether the Form 86 must be amended to name the Board as respondent and the Director as interested party
  3. 3 Whether the Applicant's request to withdraw the leave application was voluntary and effective

Ratio Decidendi

The leave application was dismissed because the Director's decision was superseded by the Board's decision and therefore not susceptible to judicial review after appeal to the Board, and because the Applicant validly and voluntarily withdrew the application upon obtaining a Hong Kong identity card; consequently Form 86 was amended to name the Board as Putative Respondent and the Director as Putative Interested Party.

Court Disposition

Application for leave to apply for judicial review dismissed.

Orders

  • Form 86 be amended to name the Torture Claims Appeal Board/Non-refoulement Claims Petition Office as the Putative Respondent and the Director of Immigration as the Putative Interested Party
  • The application for leave to apply for judicial review is dismissed