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HCAL 1148/2022
[2026] HKCFI 2350
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF FIRST INSTANCE
CONSTITUTIONAL AND ADMINISTRATIVE LAW LIST No 1148 of 2022
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BETWEEN
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Ninuk Keke Pangestu |
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) Ken To:
1. Leave to withdraw the application for leave to apply for judicial review be granted; and
2. The application for leave to apply for judicial review be dismissed.
Observations for the Applicant:
1. By Form 86 filed on 26 October 2022, the Applicant applied for leave to apply for judicial review against the decision of the Torture Claims Appeal Board dated 19 October 2022[1], dismissing the Applicant’s appeal against the decision of the Director of Immigration dated 27 January 2022.
2. By an affirmation dated 9 February 2026, the Applicant applied to withdraw this action. The Applicant was absent from the oral hearing for the Leave Application on 3 March 2026.
3. There is no indication that the application for withdrawal was made other than of the Applicant’s own free will. There is nothing outstanding in these proceedings, and I ordered that the leave application be dismissed: see Re Manik MD Mahamudun Nabi [2022] HKCA 471 at §19.
Dated the 20th day of May 2026
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(Joyce Ooi)
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 20/05/2026
Ninuk Keke Pangestu
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 20/05/2026
Torture Claims Appeal Board/Non-refoulement Claims Petition Office
Putative Respondent’s ref. no.:
USM 19903
Director of Immigration
Putative Interested Party’s ref. no.: QA T/C 2251/21(formerly RBCZ 11227/21)
Department of Justice,
Senior Assistant Law Officer
(Civil Law)
(Civil Litigation Unit 2) |
Form CALL-1
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