Bao Thi Tinh and Another v. Torture Claims Appeal Board / Non-refoulement Claims Petition Office

Case No.HCAL 1484/2022[2025] HKCFI 1561

Court

High Court CFI

Date15 Apr 2025

Judge—

Case Document

100%

HCAL 1484/2022

[2025] HKCFI 1561

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CONSTITUTIONAL AND ADMINISTRATIVE LAW LIST No. 1484 of 2022

BETWEEN
	Bao Thi Tinh	1^st Applicant
	Bao Nguyen Huong	2^nd 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 Applicant 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 Application for leave to apply for Judicial Review be withdrawn.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 Applicants’ application by Form 86 filed on 13 December 2022 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 1 April 2025, the 1^st Applicant applied by affirmation to withdraw their leave application (the “withdrawal application”) asserting (i) that their withdrawal application is made out of her 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 the assertions in her affirmation, the Court is satisfied that the Applicants made the withdrawal application out of their own free will; that they understands if their withdrawal application is allowed, their leave application may be withdrawn; that the Decision of the Board will be final and binding on them; and that they may be refouled to their home country.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 15^th day of April 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 15/04/2025 Bao Thi Tinh Bao Nguyen Huong 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 15/04/2025 Torture Claims Appeal Board/Non-refoulement Claims Petition Office Putative Respondent’s ref. no.: USM 17171/20/8/42/V2544 USM 17172/20/8/43/V2545 Director of Immigration Putative Interested Party’s ref. no.: Department of Justice, Senior Assistant Law Officer (Civil Law) (Civil Litigation Unit 2)

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