|
HCAL 2228/2020
[2026] HKCFI 660
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF FIRST INSTANCE
CONSTITUTIONAL AND ADMINISTRATIVE LAW LIST No 2228 of 2020
|
BETWEEN
|
| |
Hariati |
Applicant |
| |
and |
|
|
Torture Claims Appeal Board /
Non-Refoulement Claims Petition Office |
Putative
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:
Order by Deputy High Court Judge Levy:
1. The Form 86 be amended on the court’s own motion.
2. The applicant’s application for leave to apply for judicial review against the Board’s Decision dated 3 April 2017 is dismissed.
Introduction
1. By a “Notice of application for leave to apply for judicial review” in the prescribed Form 86 filed on 6 November 2020, the applicant applied for leave to apply for judicial review (“Leave Application”) against the decision of the Torture Claims Appeal Board / the Non-Refoulement Claims Petition Office (“Board”). In the Form 86, the applicant did not state the decision under challenge. Since there was only one decision of the Board dated 3 April 2017 (“Board’s Decision”) dismissing the applicant's appeal against the decision of the Director of Immigration (“Director”) dated 21 January 2016 (“Director’s Decision”) on the applicable grounds except BOR 2 risk, the court will treat the Leave Application as the intended challenge against the Board’s Decision. The Board’s Decision can be viewed at the following hyperlink:
https://legalref.judiciary.hk/doc/judg/html/vetted/other/en/2020/HCAL002228_2020_files/the_Board's_Decision.pdf
2. In the Form 86, the applicant named the Immigration Department and the Board as the proposed respondents and provided an address as the interested party. As the Board should have been the proper respondent and the Director the interested party, the Form 86 will be amended accordingly on the court’s own motion.
3. The basis of the applicant’s claim was that, if refouled to Indonesia, she would be harmed or killed by the money lender for an unpaid loan.
4. Before the court scheduled a hearing for the Leave Application, the Immigration Department faxed a letter on 19 November 2025, informing the court that the applicant had been granted stay in Hong Kong on 28 July 2022. As the applicant has been granted stay in Hong Kong, and she is no longer in need to any non-refoulement protection.
5. In the circumstances, this court orders the dismissal of the Leave Application.
Orders
6. The Form 86 be amended on the court’s own motion.
7. The applicant’s application for leave to apply for judicial review against the Board’s Decision dated 3 April 2017 is dismissed.
Dated the 10th day of February 2026
| |
(Alfred Chan)
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 10/2/2026
Hariati
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 10/2/2026
Torture Claims Appeal Board/Non-refoulement Claims Petition Office
Putative Respondent’s ref. no.: USM 3061/16/2/27/I255
Director of Immigration
Putative Interested Party’s ref. no.: RBCZ 9001993/17 (formerly RBCZ 3098/14), QA T/C 476/15 (Formerly RBCZ 3098/14)
Department of Justice,
Senior Assistant Law Officer
(Civil Law)
(Civil Litigation Unit 2) |
Form CALL-1
|