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Roman Md v. Torture Claims Appeal Board / Non-refoulement Claims Petition Office

Case No.HCAL 1459/2022[2026] HKCFI 3319
Court
High Court CFI
Date10 Jun 2026
Judge—
Case Document
100%

HCAL 1459/2022

[2026] HKCFI 3319

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CONSTITUTIONAL AND ADMINISTRATIVE LAW LIST No. 1459 of 2022

BETWEEN
  Roman Md 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 (Non-refoulement Claims) Isaac Chan:

1.   Application to withdraw the application for leave to apply for Judicial Review be granted; and

2.   Application for leave to apply for Judicial Review be withdrawn.

Observations for the Applicant:

1.By a Form 86 filed on 9 December 2022 (“Form 86”), the applicant applied for leave to apply for judicial review against the decision of the Torture Claim Appeal Board / the Non-refoulement Claims Petition Office (“Board”) dated 9 November 2022 (“Board’s Decision”) confirming the decision of the Director of Immigration (“Director”) dated 23 March 2021.  The Board’s Decision can be found at the hyperlink.[1]

2.On 21 April 2026, the applicant filed an affirmation stating that he wanted to withdraw his applicant because he wanted to go back to his home county, his problem had been solved by his family, so that he had no problem and his life would be safe in his home country. 

3.At the hearing on 4 May 2026, the applicant confirmed in court that he had nothing to supplement. 

4.I am satisfied that the application to withdraw the Form 86 was based on an informed and voluntary decision of the applicant.  I therefore grant leave to the applicant to withdraw the application under Form 86. 

Dated the 10th day of June 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 10/06/2026

Roman Md

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 10/06/2026

Torture Claims Appeal Board/Non-refoulement Claims Petition Office
Putative Respondent’s ref. no.:
USM 17806

Director of Immigration
Putative Interested Party’s ref. no.:
QA T/C 734/20 (formerly RBCZ 10624/20)

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


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