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

Case No.HCAL 1524/2022[2026] HKCFI 2169

Court

High Court CFI

Date20 Apr 2026

Judge—

Case Document

100%Judiciary

HCAL 1524/2022

[2026] HKCFI 2169

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CONSTITUTIONAL AND ADMINISTRATIVE LAW LIST NO 1524 OF 2022

BETWEEN
	Sugiarsih	Applicant
	and
	Torture Claims Appeal Board/	Putative
	Non-refoulement Claims Petition Office	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 the Applicant being absent in open court;

Order by Deputy High Court Judge (Non-refoulement Claims) Jeffrey Chau:

The application for leave to apply for judicial review be dismissed.

Observations for the Applicant:

Introduction

1.By a Form 86 filed on 19 December 2022 (the “Form 86”), the Applicant applied for leave to apply for judicial review against the decision by the Torture Claims Appeal Board (the “TCAB”) dated 16 November 2022 (the “TCAB Decision”)[1], which affirmed the decision of the Director of Immigration (the “DOI”) dated 31 January 2022 (the “DOI Decision”).

2.The Applicant requested for a hearing of this application. Before the hearing, by a letter dated 22 January 2026 from the DOI, the Applicant informed the DOI by submission dated 14 January 2026 that she would like to return to her home country and intends to withdraw her application. She was absent from the hearing. I see no irregularity in the notification process.

3.I accede to the withdrawal. As explained in Re Manik Md Mahamudun Nabi [2022] HKCA 471 at [19(1)], there was nothing outstanding in the action. The application is therefore dismissed.

Dated the 20^th day of April 2026

(Annson CHEUNG)(Ms)
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 20/4/2026 Sugiarsih 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 20/4/2026 Torture Claims Appeal Board/Non-refoulement Claims Petition Office Putative Respondent’s ref. no.: USM 19927 Director of Immigration Putative Interested Party’s ref. no.: QA T/C 2320/21 (Formerly RBCZ 5000024/21) Department of Justice, Senior Assistant Law Officer (Civil Law) (Civil Litigation Unit 2)

Form CALL-1

[1] https://legalref.judiciary.hk/doc/judg/html/vetted/other/en/2022/HCAL001524_2022_files/the_Board's_Decision.pdf

Cites 1 case

Cases cited in this judgment

Re Manik Md Mahamudun Nabi