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HCAL 1164/2022
[2026] HKCFI 2093
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF FIRST INSTANCE
CONSTITUTIONAL AND ADMINISTRATIVE LAW LIST No. 1164 of 2022
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BETWEEN
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Tamang Deepa |
Applicant |
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and |
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Torture Claims Appeal Board / |
Putative |
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Non-Refoulement Claims Petition Office |
Respondent |
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and |
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Director of Immigration |
Putative |
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Interested Party |
Application for Leave to Apply for Judicial Review
NOTIFICATION of the Judge’s decision (Ord. 53 r. 3)
Following;
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consideration of the documents only; or |
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consideration of the documents and oral submissions by the Applicant in open court; |
Order by Deputy High Court Judge (Non-Refoulement Claims) Ken To made on 6 March 2026:
1. Leave to withdraw the application for leave to apply for judicial review be granted; and
2. The application for leave to apply for Judicial Review be dismissed.
Observations for the Applicant:
1.By a Form 86 filed on 31 October 2022 (“Form 86”), the Applicant sought leave for judicial review of the decision of the Torture Claims Appeal Board/Non-Refoulement Claims Petition Office (“TCAB”) made on 12 August 2022 (“the TCAB Decision”), which was made pursuant to a petition/appeal from a decision of the Director of Immigration dated 22 June 2021.
2.In the oral hearing of this leave application on 6 March 2026, the Applicant informed the Court that she wanted to withdraw this leave application. There is no indication that the application for withdrawal was made other than of the Applicant’s own free will. There is nothing outstanding in these proceedings, and I ordered that the leave application be dismissed: see Re Manik MD Mahamudun Nabi [2022] HKCA 471 at paragraph 19.
Dated the 14th day of April 2026
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(Gladys LEE)
for Registrar, High Court
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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 14/04/2026
Tamang Deepa
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 14/04/2026
Torture Claims Appeal Board/
Non-Refoulement Claims Petition Office
Putative Respondent’s ref. no.:
USM 18211/21/7/11/IN3269
Director of Immigration
Putative Interested Party’s ref. no.:
QA T/C 673/21 (formerly as RBCZ 10688/21)
Department of Justice,
Senior Assistant Law Officer
(Civil Law)
(Civil Litigation Unit 2) |
Form CALL-1
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