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HCAL 213/2023
[2026] HKCFI 2883
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF FIRST INSTANCE
CONSTITUTIONAL AND ADMINISTRATIVE LAW LIST No. 213 of 2023
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BETWEEN
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Suyatmi Tarno Sarwi |
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) Connie Lee:
1. Form 86 be amended, naming the Torture Claims Appeal Board/Non-refoulement Claims Petitions Office as the Putative Respondent and adding Director of Immigration as the Putative Interested Party.
2. The application for leave to apply for judicial review be dismissed.
Observation for the Applicant:
Introduction
1. By Form 86 filed on 14 February 2023, the Applicant seeks leave to apply for judicial review (the “Leave Application”) of the decision of the Torture Claims Appeal Board/Non-refoulement Claims Petition Office dated 2 February 2023 (the “Board” and the “Board Decision”). By that decision, the Board dismissed the Applicant’s appeal against the decision of the Director of Immigration dated 12 November 2021 (the “Director’s Decision”), which had rejected her non-refoulement claims on all applicable grounds under the Unified Screening Mechanism (“USM”).
2. The Board’s Decision can be viewed at the following hyperlink[1].
3. The Applicant sought an oral hearing of her application. On 29 April 2026, the Court received a letter from the Director of Immigration. The said letter enclosed the Applicant’s written submissions dated 29 April 2026, stating that “I would like to request to go back to my home country Indonesia as soon as possible. I am safe to go back Indonesia. Please arrange the air ticket for me to return as soon as possible. I would like to withdraw my JR Application case no. HCAL 213/2023 from High Court and all other claims in Hong Kong. Thank you very much.”
Discussion
4. The Applicant did not attend the scheduled oral hearing before me on 13 May 2026.
5. I have considered the Applicant’s written submissions dated 29 April 2026 which contained, amongst other things, her full name, the action number of the Leave Application as well as her signature.
6. In the circumstances, there is no indication that the written submissions or request to withdraw the Leave Application were not made other than out of the Applicant’s own accord, volition and free will. The same clearly indicates the Applicant’s wish to return to her home country and put an end to the Leave Application. I consider that the said written submissions amounted to, and I shall treat the same as, an application by the Applicant to withdraw her application for leave for judicial review. [2]
Conclusion
7. I therefore accede to the Applicant’s request to withdraw her application for leave for judicial review without adjudicating on the merits thereof. As I do not consider that there is anything outstanding, and the action should not be left at large, I further order that the leave application be dismissed.[3]
Dated the 29th day of May 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 Applicants:
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 29 May 2026
Suyatmi Tarno Sarwi
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 29 May 2026
Torture Claims Appeal Board/Non-refoulement Claims Petition Office
Putative Respondent’s ref. no.:
USM 19279
Director of Immigration
Putative Interested Party’s ref. no.: QA T/C 1835/21 (formerly RBCZ 5000149/21) (T2I118)
Department of Justice,
Senior Assistant Law Officer
(Civil Law)
(Civil Litigation Unit 2) |
Form CALL-1
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