Au Thi Tinh
Torture Claims Appeal Board/ Non-refoulement Claims Petition Office
[2025] HKCFI 2950
HCAL 55/2024
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF FIRST INSTANCE
CONSTITUTIONAL AND ADMINISTRATIVE LAW LIST No. 55 of 2024
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 Applicant being absent in open court;
Order by Deputy High Court Judge K.W. Lung:
Leave to apply for Judicial Review be dismissed.
Observations for the Applicant:
1. The applicant applies for withdrawal of the application for judicial review of the Board’s Decision.
2. There being no evidence that the application is made other than out of the applicant’s free will; and there being no outstanding matter in this action, the Court accedes to the applicant’s request and dismisses the application accordingly[1].
Dated the 29th day of July 2025
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
Form CALL-1
[1] Re Manik Md Mahamudun Nabi [2022] HKCA 471 at §19:
“(1) The applicant on his own motion applied to the Court to withdraw his application for leave to apply for judicial review. The Judge acceded to his application, whereupon there was nothing outstanding in the action. The Judge was correct to conclude the action by ordering a dismissal of the application instead of leaving the action at large.”