Sumon G M and Others v. Torture Claims Appeal Board / Non-refoulement Claims Petition Office

Case No.HCAL 1278/2023[2025] HKCFI 1052

Court

High Court CFI

Date18 Mar 2025

Judge—

Case Document

100%Judiciary

HCAL 1278/2023

[2025] HKCFI 1052

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CONSTITUTIONAL AND ADMINISTRATIVE LAW LIST No. 1278 of 2023

BETWEEN
	Sumon G M	1^st Applicant
	Sultana Irin	2^nd Applicant
	Sumon Gazi Yusra Ayat Shuhi	3^rd 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;

consideration of documents only; or

consideration of documents and oral submissions by the 1^st to 3^rd Applicants 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 Application for leave to apply for Judicial Review be withdrawn.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 Applicant’s application by Form 86 filed on 25 July 2023 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 their appeal against the decision of the Director of Immigration refusing their application for non-refoulement protection (the “Decision”).

Discussion and conclusion

2.On 14 February 2025, the Court received a letter from the 1^st and 2^nd Applicants informing the Court on behalf of themselves and their child, ie the 3^rd Applicant that they had applied to withdraw their leave application (the “withdrawal application”). As no such application has been received, a hearing was scheduled for them on 10 March 2025. At the hearing, the Applicants appeared. The 1^st Applicant confirmed on behalf of all applicants (i) that their withdrawal application is made out of their own free will; (ii) that it is now safe for them to return to their home country; (iii) that they understand that if their application to withdraw is approved, the decision of the Torture Claims Appeal Board / Non-refoulement Claims Petition Office dismissing their appeal against the decision of the Director of Immigration remains in force; and (iv) that they wish to return to their home country.

3.In view of their assertions in his letter and in Court, the Court is satisfied that the Applicant made the withdrawal application out of their own free will; that they understand if their withdrawal application is allowed, their leave application may be withdrawn; that the Decision of the Board will be final and binding on them; and that they may be refouled to their home country. Accordingly, the Court allowed their withdrawal application and granted leave for them to withdraw their leave application.

Dated the 18^th day of March 2025

	( 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 18/03/2025 Sumon G M Sultana Irin Sumon Gazi Yusra Ayat Shuhi 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 18/03/2025 Torture Claims Appeal Board/Non-refoulement Claims Petition Office Putative Respondent’s ref. no.: USM 20631 to 20633 Director of Immigration Putative Interested Party’s ref. no.: QA T/C 1294/21 (Formerly RBCZ 11252/21) QA T/C 1295/21 (Formerly RBCZ 11253/21) QA T/C 1325/21 (Formerly RBCZ 11254/21) Department of Justice, Senior Assistant Law Officer (Civil Law) (Civil Litigation Unit 2)

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