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HCAL 485/2023
[2026] HKCFI 4232
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF FIRST INSTANCE
CONSTITUTIONAL AND ADMINISTRATIVE LAW LIST No 485 of 2023
BETWEEN
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Ngo Thi Anh |
Applicant
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and
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Torture Claims Appeal Board/
Non-refoulement Claims Petition
Office
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Putative Respondent |
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and
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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 (Non-refoulement Claims) Philips
Wong:
1. Form 86 be amended as follows:- (1) the Torture Claims Appeal Board /
Non‑refoulement Claims Petition Office be named as the only Putative Respondent; and (2) the
Director of Immigration be named as the Putative Interested Party.
2. The application for leave to apply for judicial review be
dismissed.
Observations for the Applicant:
1. By Form 86 filed on 28 March 2023 (the “Form”), the
Applicant applied for leave to apply for judicial review (the “Leave Application”) against the decision
of the Torture Claims Appeal Board / Non-refoulement Claims Petition Office dated 9 November 2022.
2. On the Form, the Applicant named both the Board and the
Director of Immigration (the “Director”) as the proposed respondents. The Applicant did not name
any interested parties. As it is trite that the Board should be the only proposed respondent whereas the
Director should be the proposed interested party in an application of this sort, I make an order to amend the
Form on the Court’s own motion.
3. The Applicant requested an oral hearing for the Leave
Application. The hearing took place on 20 July 2026 and the Applicant attended in person. At the
hearing, the Applicant indicated that she would like to return to Vietnam and withdraw the Leave
Application. She said her problems in Vietnam had been resolved. As a result of the Applicant’s
indication, I asked her to file an affirmation and confirm her decision to withdraw the Leave Application by 24
July 2026.
4. Later on the same day, the Court received a letter from the
Applicant confirming her decision to withdraw the Leave Application. In the said letter, the Applicant
reiterated that her problems in Vietnam had been resolved and that she would like to go back to Vietnam.
Although the Applicant did not file any affirmation as directed by the Court, I am satisfied from the letter and
from what the Applicant said at the hearing that the withdrawal request was made out of her own free will.
Accordingly, I allow the withdrawal.
5. As there is nothing outstanding in this Action, I dismiss the
Leave Application (see Manik MD Mahamudun Nabi [2022] HKCA 471, at §19).
Dated the 7th day of August 2026
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(Joyce Ooi)
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:
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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 07/08/2026
Ngo Thi Anh
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
07/08/2026
Torture Claims Appeal Board/Non-refoulement Claims Petition Office
Putative Respondent’s ref. no.:
USM 18871
Director of Immigration
Putative Interested Party’s ref. no.: QA T/C 1182/21 (formerly RBCZ 10470/21)
Department of Justice,
Senior Assistant Law Officer
(Civil Law)
(Civil Litigation Unit 2)
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Form CALL-1
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