Case Details

Citation

DEMI FEBRIANI BT ONI SAHRONI AND ANOTHER v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE, HCAL 403/2019

Case Number

HCAL 403/2019

Court

Court of First Instance

(CFI)

Decision Date

15 May 2026

Parties

Applicant(s):

Demi Febriani Bt Oni Sahroni 1st Applicant Demi Febriani Bt Oni Sahroni Shabella, Demi Febriani Bt Oni Sahroni, Demi Febriani Bt Oni Sahroni Shabella

Respondent(s):

Torture Claims Appeal Board/ Non-refoulement Claims Petition Office, Non-refoulement Claims Petition Office

Judges

DEMI FEBRIANI BT ONI SAHRONI AND ANOTHER v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE

[2026] HKCFI 2481

Court of First Instance15 May 2026

Judges:To

HCAL403/2019 DEMI FEBRIANI BT ONI SAHRONI AND ANOTHER v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE

HCAL 403/2019

[2026] HKCFI 2481

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CONSTITUTIONAL AND ADMINISTRATIVE LAW LIST No. 403 of 2019

BETWEEN
	Demi Febriani Bt Oni Sahroni	1^st Applicant
	Demi Febriani Bt Oni Sahroni Shabella	2^nd Applicant
	and
	Torture Claims Appeal Board/	Putative
	Non-refoulement Claims Petition Office	Respondent
	and
	Director of Immigration	Putative
		Interested Party

Application for Leave to Apply for Judicial Review

NOTIFICATION of the Judge’s decision (Ord. 53 r. 3)

Following;

	consideration of documents only; or
	consideration of documents and oral submissions by the Applicant in open court;

Order by Deputy High Court Judge To:

1. Application to withdraw the application for leave to apply for Judicial Review (“Form 86”) be granted; and

2. Application for leave to apply for Judicial Review be withdrawn.

Observations for the Applicant:

Introduction

1. This is the Applicants’ application by Form 86 filed on 12 February 2019 for leave to apply for judicial review (the “leave application”) of the decision of the USM dated 28 January 2019 dismissing their appeal against the decision of the Director of Immigration refusing their application for non-refoulement protection. In the 1^st Applicant’s supporting affirmation, she annexed copy of the decision dated 28 January 2019 by the Torture Claims Appeal Board / Non-Refoulement Claims Petition Office (the “Decision”). It is obvious that that is the decision in respect of which relief is sought by the Applicants. Hence, on its own motion, the Court amended the Form 86 by naming the Torture Claims Appeal Board / Non-Refoulement Claims Petition Office (the “Board”) as the proposed respondent and the Board’s Decision as the decision in respect of which relief is sought.

2. The 1^st Applicant is the mother of the 2^nd Applicant. While in Hong Kong, she started a relationship with a Togolese who is an American citizen and works in the United States of America (the “partner”, there being no evidence that the 1^st Applicant and the Togolese are formally married).

3. On 18 March 2026, the Court received a letter from the 1^st Applicant through the Immigration Department applying to withdraw the leave application on her and the 2^nd Applicant’s behalf (the “withdrawal application”). In the letter, she asserted (i) that they want to withdraw their leave application; (ii) that they want to leave Hong Kong to join the 1^st Applicant’s husband in the United States of America, obviously referring to the 1^st Applicant’s partner. Reading the decision of the Board and all the papers, there is nothing to suggest that their decision to withdraw their leave application was made otherwise than out of their own free will with full understanding of the consequences of the withdrawal. As it is their intention to join the 1^st Applicant’s partner in the United States, the Applicants will be safe from the harm they fear. This Court is therefore satisfied that their decision to withdraw is an informed and conscious decision freely made. Accordingly, their withdrawal application is allowed and their application for leave to apply for judicial review is withdrawn.

Dated the 15^th day of May 2026

( Seline Sze )
for Registrar, High Court

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:
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)).		Sent to the Applicant on 15/05/2026 Demi Febriani Bt Oni Sahroni Demi Febriani Bt Oni Sahroni Shabella Applicant’s ref. no: Nil		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 15/05/2026 Torture Claims Appeal Board/Non-refoulement Claims Petition Office Putative Respondent’s ref. no.: USM 10058/18/1/331/I1034 USM 10059/18/1/332/I1035 Director of Immigration Putative Interested Party’s ref. no.: QA T/C/2963-4/17 (Formerly RBCZ/14363/15 & RBCZ/10164/17) Department of Justice, Senior Assistant Law Officer (Civil Law) (Civil Litigation Unit 2)

DEMI FEBRIANI BT ONI SAHRONI AND ANOTHER v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE

Citation

Court

Procedural posture

Issues

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Legal principles

Disposition