Shrestha Bishwo and Another v. Torture Claims Appeal Board / Non-refoulement Claims Petition Office

Case No.HCAL 2897/2025[2026] HKCFI 3292

Court

High Court CFI

Date09 Jun 2026

Judge—

Case Document

100%

HCAL 2897/2025

[2026] HKCFI 3292

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CONSTITUTIONAL AND ADMINISTRATIVE LAW LIST No. 2897 of 2025

BETWEEN
	Shrestha Bishwo	1^st Applicant
	Shrestha Sushma	2^nd 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 Application for leave to apply for Judicial Review be withdrawn.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 Applicants:

Introduction

1.This is the Applicants’ application by Form 86 filed on 30 December 2025 for 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”) dated 20 August 2025 (the “Decision”) dismissing their appeal against the decision of the Director of Immigration refusing their application for non-refoulement protection.

2.On 30 April 2026, the Court received a letter from the 1^st Applicant through the Immigration Department applying to withdraw his leave application (the “withdrawal application”) asserting (i) that he wants to withdraw his leave application; (ii) that he wants to return to his home country; and (iii) that the issues in his home country have been resolved. On 8 May 2026, the Court also received a similar letter from the 2^nd Applicant applying to withdraw her leave application (the “withdrawal application”) and making the same assertions.

3.Reading the decision of the Board and all the papers, there is nothing to suggest that their decision to withdraw their leave applications were made otherwise than out of their own free will with full understanding of the consequences of the withdrawal and that it is safe for them to return to their respective home country. This Court is therefore satisfied that their decisions to withdraw are informed and conscious decisions freely made. Accordingly, their withdrawal applications are allowed and their application for leave to apply for judicial review is withdrawn.

Dated the 9^th day of June 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 1^st to 2^nd Applicants on 09/06/2026 Shrestha Bishwo; Shrestha Sushma Applicants’ 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 09/06/2026 Torture Claims Appeal Board/Non-refoulement Claims Petition Office Putative Respondent’s ref. no.: USM 26455 USM 26456 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