Sukhmandeep Kaur v. Torture Claims Appeal Board / Non-refoulement Claims Petition Office

Case No.HCAL 2845/2019[2025] HKCFI 3979

Court

High Court CFI

Date10 Sep 2025

Judge—

Case Document

100%

HCAL 2845/2019

[2025] HKCFI 3979

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CONSTITUTIONAL AND ADMINISTRATIVE LAW LIST No 2845 of 2019

BETWEEN
	Sukhmandeep Kaur	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 the documents only; or

consideration of the documents and oral submissions by the Applicant in open court;

Order by Deputy High Court Judge Levy:

The applicant’s application for leave to apply for judicial review be dismissed.

Introduction

1.By a “Notice of application to apply for leave for judicial review” in the prescribed Form 86 filed on 27 September 2019, the applicant applied for leave to apply for judicial review (“Leave Application”). The intended judicial review was against the decision of the Torture Claims Appeal Board / the Non-Refoulement Claims Petition Office (“Board”) dated 3 April 2019 (“Board’s Decision”) granting the applicant’s application to withdraw the appeal against a decision of the Director of Immigration (“Director”) dated 12 October 2018 (“Director’s Decision”) rejecting the applicant's non-refoulement claim.

2.At the applicant’s request for a hearing of the Leave Application, this court scheduled a hearing on 12 June 2025. The applicant attended the hearing in person and informed the court that she wished to withdraw the Leave Application as she had married to a Hong Kong resident in May 2017. She was also issued a Hong Kong identity card in 2020. She no longer requires non-refoulement protection.

3.Apart from the application to withdraw the Leave Application, there is nothing outstanding in this action. In the circumstances, I make an order to dismiss the Leave Application, and hereby order the dismissal of the Leave Application: see Re Manik Md Mahamudun Nabi [2022] HKCA 471, Ngo Xuan Tuyen v Torture Claims Appeal Board [2024] HKCA 1140.

Order

4.The applicant’s application for leave to apply for judicial review be dismissed.

Dated the 10^th day of September 2025

	(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 10/9/2025 Sukhmandeep Kaur 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 10/9/2025 Torture Claims Appeal Board/Non-refoulement Claims Petition Office Putative Respondent’s ref. no.: USM 14040/18/10/382/IN2772 Director of Immigration Putative Interested Party’s ref. no.: QA T/C 3394/18 (formerly RBCZ/10172/18) Department of Justice, Senior Assistant Law Officer (Civil Law) (Civil Litigation Unit 2)

Form CALL-1