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

HCAL 1556/2022

[2026] HKCFI 2886

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CONSTITUTIONAL AND ADMINISTRATIVE LAW LIST No. 1556 of 2022

Application for Leave to Apply for Judicial Review

NOTIFICATION of the Judge’s decision (Ord. 53 r. 3)

Following:

Order by Deputy High Court Judge (Non-refoulement Claims) Connie Lee:

1.   Form 86 be amended, naming the Torture Claims Appeal Board/Non-refoulement Claims Petitions Office as the Putative Respondent and adding Director of Immigration as the Putative Interested Party.

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

Observation for the Applicant:

Introduction

1.By Form 86 filed on 22 December 2022, the Applicant seeks 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 “Board’s Decision”). By that decision, the Board dismissed the Applicant’s appeal against the decision of the Director of Immigration dated 20 April 2021 (the “Director’s Decision”), which had rejected her non-refoulement claims on all applicable grounds under the Unified Screening Mechanism (“USM”).

2.The Board’s Decision can be viewed at the following hyperlink[1].

Discussion

3.Upon perusal of the Board’s Decision, it was in fact made on 24 August 2023 after a hearing personally attended by the Applicant on 27 August 2021. Hence, when the Leave Application was filed on 22 December 2022, it was premature as the Board’s Decision was not yet made at the time.

4.When asked for an explanation at the oral hearing on 11 May 2026, the Applicant informed the Court that she had decided to go home and would like to close the case by withdrawing the same.

5.Having been explained the consequences of withdrawing the Leave Application, the Applicant confirmed that she would like to withdraw the same. She also confirmed that she was doing so voluntarily. She also understood that if I were to accede to her request, the merits of the Leave Application would not be determined and the Board’s Decision confirming the Director’s Decision rejecting her non-refoulement claim on all applicable grounds would stand.

6.There is no indication that the Applicant’s request was not made other than out of her own accord, volition and free will, having understood the consequences of withdrawing the Leave Application. I consider that the Applicant’s oral request amounted to, and I shall treat it as, an application by the Applicant to withdraw her application for leave for judicial review.

Conclusion

7.I therefore accede to the Applicant’s request to withdraw her application for judicial review without adjudicating on the merits thereof. As I do not consider that there is anything outstanding, and the action should not be left at large, I further order that the Leave Application be dismissed.[2]

Dated the 29^th day of May 2026

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

Form CALL-1