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

Case No.HCAL 1336/2022[2026] HKCFI 2407
Court
High Court CFI
Date22 May 2026
Judge—
Case Document
100%

HCAL 1336/2022

[2026] HKCFI 2407

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CONSTITUTIONAL AND ADMINISTRATIVE LAW LIST No. 1336 of 2022

BETWEEN
  Hawa Siti 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 the documents and oral submissions by the Applicant in open court;

Order by Deputy High Court Judge (Non-Refoulement Claims) Ken To: 

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 Form 86 filed on 25 November 2022 (“Form 86”), the Applicant applied for leave to apply for judicial review (“Leave Application”) against the decision of the Torture Claims Appeal Board (“Board”) dated 8 November 2022 (“Board’s Decision”)[1], dismissing the Applicant’s appeal against the decision of the Director of Immigration (“Director”) dated 26 August 2021 (“Director’s Decision”).

2.The Applicant attended an oral hearing in person for the Leave Application on 4 March 2026.

3.By letter dated 6 March 2026, the Applicant applied to withdraw her Leave Application to return to her home country.  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.

4.I grant leave to the Applicant to withdraw her Leave Application, and order that the Leave Application be dismissed: see Re Manik MD Mahamudun Nabi [2022] HKCA 471 at [19].

Dated the 22nd day of May 2026

  (Joyce Ooi)
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 22/05/2026

Hawa Siti

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 22/05/2026

Torture Claims Appeal Board/Non-refoulement Claims Petition Office
Putative Respondent’s ref. no.:
USM 18708

Director of Immigration
Putative Interested Party’s ref. no.: QA T/C 860/21 (formerly RBCZ 341/20)

Department of Justice,
Senior Assistant Law Officer
(Civil Law)
(Civil Litigation Unit 2)


Form CALL-1

Cites 1 case

Cases cited in this judgment

Re Manik Md Mahamudun Nabi
[2022] HKCA 471 · Court of Appeal
01 Apr 2022
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