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HCAL 452/2023
[2026] HKCFI 4295
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF FIRST INSTANCE
CONSTITUTIONAL AND ADMINISTRATIVE LAW LIST No 452 of 2023
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BETWEEN
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Wiwik Kusmawati |
Applicant |
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and |
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Torture Claims Appeal Board/ |
Putative |
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Non-refoulement Claims Petition Office |
Respondent |
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and |
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Director of Immigration |
Putative |
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Interested Party |
Application for Leave to Apply for Judicial Review
NOTIFICATION of the Judge’s decision (Ord 53 r 3)
Following:
Order by Deputy High Court Judge (Non-refoulement Claims) Sabrina Ho:
1. Leave to withdraw the application for leave to apply for judicial review be granted;
2. The application for leave to apply for judicial review be dismissed.
Observations for the Applicant:
Introduction
1. By a Form 86 filed on 23 March 2023, the Applicant applied for leave to apply for judicial review (the “Leave Application”) against the Decision of the Torture Claims Appeal Board / Non-refoulement Claims Petition Office dated 16 February 2023.
2. In the Affirmation in support of the Leave Application, the Applicant exhibited a copy of the Board’s Decision and set out some grounds to support her Leave Application.
3. The Applicant requested an oral hearing for the Leave Application, which took place on 16 June 2026 (the “Hearing”). At the Hearing, the Applicant said that she has nothing to add orally.
4. On 3 July 2026, the Applicant filed a further Affirmation indicating her intention to withdraw the Leave Application. She said that the problem in her home country, Indonesia, has been resolved and she would like to withdraw the Leave Application. I take the view that the Applicant made the above decision on her own volition and free will. I will accede to the application for withdrawal without adjudicating on its merits. As there is nothing outstanding, and the proceedings should not be left at large, I further ordered that the leave application be dismissed: see Re Manik MD Mahamudun Nabi [2022] HKCA 471 at paragraph 19.
Dated the 7th day of August 2026
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(Klein Tse)
for Registrar, High Court
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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:
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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)).
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Sent to the Applicant
on 7/8/2026
Wiwik Kusmawati
Applicant’s ref. no:
Nil. |
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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 7/8/2026
Torture Claims Appeal Board/Non-refoulement Claims Petition Office
Putative Respondent’s ref. no.:
USM 18771
Director of Immigration
Putative Interested Party’s ref. no.: QA T/C 743/21 (formerly RBCZ/88/21)
Department of Justice,
Senior Assistant Law Officer
(Civil Law)
(Civil Litigation Unit 2) |
Form CALL-1
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