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

Case No.HCAL 645/2022[2026] HKCFI 1917

Court

High Court CFI

Date30 Apr 2026

Judge—

Case Document

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HCAL 645/2022

[2026] HKCFI 1917

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CONSTITUTIONAL AND ADMINISTRATIVE LAW LIST No 645 of 2022

BETWEEN
	Sri Ernawati	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) Bonnie Cheng:

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

Observations for the Applicant:

1.By Form 86 dated 21 July 2022 (“Form 86”), the Applicant seeks leave to apply for judicial review (“Leave Application”) against the Decision of the Torture Claims Appeal Board / Non-Refoulement Claims Petition Office (“Board”) which, as stated below, was dated 7 July 2022 (“Board’s Decision”). The Board affirmed the Decision of the Director of Immigration (“Director”) dated 12 August 2021.

2.In an affirmation dated 28 January 2026, the Applicant stated that she wanted to go back to her home country (i.e. Indonesia) as soon as possible and to withdraw her Leave Application.

3.At the hearing on 23 February 2026, which the Applicant attended in person, I enquired with the Applicant and she confirmed that she would apply to withdraw her Leave Application and that the decision was made out of her own free will. She also confirmed her understanding that upon withdrawal, she may not be allowed to make another challenge against the Board’s Decision.

4.Given the Applicant’s application for withdrawal, it is not necessary for the Court to adjudicate on the merits of her Leave Application: Ngo Xuan Tuyen v Torture Claims Appeal Board/Non-Refoulement Claims Petition Office [2024] HKCA 1140 at §14.

5.I accordingly make an order to dismiss the Leave Application.

Dated the 30^th day of April 2026

(Wilinda YIU)
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 30/4/2026 Sri Ernawati 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 30/4/2026 Torture Claims Appeal Board/Non-refoulement Claims Petition Office Putative Respondent’s ref. no.: USM 18633/21/8/221/I2184 Director of Immigration Putative Interested Party’s ref. no.: QA T/C 1017/21 (formerly RBCZ 51/21) Department of Justice, Senior Assistant Law Officer (Civil Law) (Civil Litigation Unit 2)

Form CALL-1

Cites 1 case

Cases cited in this judgment

Ngo Xuan Tuyen v. Torture Claims Appeal Board / Non-refoulement Claims Petition Office

[2024] HKCA 1140 · Court of Appeal

20 Dec 2024

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