Nguyen Phuc Son v. Torture Claims Appeal Board / Non-refoulement Claims Petition Office

Case No.HCAL 632/2022[2026] HKCFI 2810

Court

High Court CFI

Date18 May 2026

Judge—

Case Document

100%

HCAL 632/2022

[2026] HKCFI 2810

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CONSTITUTIONAL AND ADMINISTRATIVE LAW LIST No. 632 of 2022

BETWEEN
	Nguyen Phuc Son	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 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 Application for leave to apply for Judicial Review be withdrawn.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 Applicant’s application by Form 86 filed on 19 July 2022 for leave to apply for judicial review (the “leave application”) of the decision (the “Decision”) of the Torture Claims Appeal Board / Non-Refoulement Claims Petition Office (the “Board”) dismissing his appeal against the decision of the Director of Immigration refusing his application for non-refoulement protection.

2.On 11 May 2026, the Court received a letter from Applicant dated 7 May 2026 via the Immigration Department applying to withdraw his leave application (the “withdrawal application”). In his letter, he asserted, inter alia, (i) that he wished to withdraw his leave application and return to his home country as soon as possible; (ii) that his problem in his home country has been solved; and (iii) it is safe for him to return. Reading his affirmation in the context of the Board’s Decision and all the papers, there is nothing to suggest his decision to withdraw was made otherwise than out of his own free will, with full understanding of the consequences of his withdrawal. Accordingly, this Court is of the view that his decision to withdraw his leave application is an informed and conscious decision validly made and hence allows his application for leave to apply for judicial review to be withdrawn.

Dated the 18^th day of May 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 18/05/2026 Nguyen Phuc Son 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 18/05/2026 Torture Claims Appeal Board/Non-refoulement Claims Petition Office Putative Respondent’s ref. no.: USM 19291/21/11/211/V3238 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