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HCAL 2637/2019
[2025] HKCFI 2407
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF FIRST INSTANCE
CONSTITUTIONAL AND ADMINISTRATIVE LAW LIST No. 2637 of 2019
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Ngugi Rachael Wangari |
Applicant |
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and |
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Torture Claims Appeal Board/
Non-refoulement Claims Petition Office |
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 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 Application for leave to apply for Judicial Review be withdrawn.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 Applicant’s application by Form 86 filed on 10 September 2019 for leave to apply for judicial review (the “leave application”) of the decision of the Torture Claims Appeal Board / Non-Refoulement Claims Petition Office (the “Board”) dismissing her appeal against the decision of the Director of Immigration refusing her application for non-refoulement protection (the “Decision”).
Discussion and conclusion
2. On 29 May 2025, the Applicant applied by affidavit to withdraw her leave application (the “withdrawal application”) asserting (i) that her withdrawal application is made out of her own free will; (ii) that it is now safe for her to return to her home country because her feared risk of harm had been neutralized by the current government; and (iii) that she wishes to return to her home country.
3. In view of the assertions in her affidavit, the Court is satisfied that the Applicant made the withdrawal application out of her own free will; and that her feared risk of harm no longer exists in her home country. Accordingly, the Court allowed her withdrawal application and granted leave for her to withdraw her leave application.
Dated the 12th day of June 2025
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( Seline Sze ) |
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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 12/06/2025
Ngugi Rachael Wangari
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 12/06/2025
Torture Claims Appeal Board/Non-refoulement Claims Petition Office
Putative Respondent’s ref. no.:
USM 13116/18/8/386/K33
Director of Immigration
Putative Interested Party’s ref. no.:
QA T/C 2583/18 (Formerly RBCZ 10103/17)
Department of Justice,
Senior Assistant Law Officer
(Civil Law)
(Civil Litigation Unit 2) |
Form CALL-1
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