Nguyen Thi Thu v. Torture Claims Appeal Board / Non-refoulement Claims Petition Office

Case No.HCAL 921/2023[2026] HKCFI 609

Court

High Court CFI

Date30 Jan 2026

Judge—

Case Document

100%

HCAL 921/2023

[2026] HKCFI 609

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CONSTITUTIONAL AND ADMINISTRATIVE LAW LIST No. 921 of 2023

BETWEEN
	Nguyen Thi Thu	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 Application for leave to apply for Judicial Review be withdrawn.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 Applicant’s application by Form 86 filed on 12 June 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”) and the Director of Immigration (the “Director”) dismissing her appeal against the decision of the Director refusing her application for non-refoulement protection (the “Decision”).

2.On 16 January 2026, the Applicant applied by affirmation to withdraw her leave application (the “withdrawal application”). In her affirmation, she asserted inter alia (i) that she made this withdrawal application out of her own free will; (ii) that she understands the consequences of the withdrawal, including that the Board’s decision which he sought to review will become final and binding on her; (iii) that it is now safe for her to return home and (iv) that she wants to return to her home country. Reading her affirmation, the decision of the Board and all the papers, this Court is of the view that her decision to withdraw the leave application is an informed and conscious decision validly made and hence allows her application for leave to apply for judicial review to be withdrawn.

Dated the 30^th day of January 2026

( 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 30/01/2026 Nguyen Thi Thu 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 30/01/2026 Torture Claims Appeal Board/Non-refoulement Claims Petition Office Putative Respondent’s ref. no.: USM 20384 Director of Immigration Putative Interested Party’s ref. no.: Department of Justice, Senior Assistant Law Officer (Civil Law) (Civil Litigation Unit 2)

Form CALL-1