Limbu Sitar Devi and Another v. Torture Claims Appeal Board / Non-refoulement Claims Petition Office

Case No.HCAL 2425/2019[2026] HKCFI 4523

Court

High Court CFI

Date11 Aug 2026

Judge—

Case Document

100%

HCAL 2425/2019

[2026] HKCFI 4523

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CONSTITUTIONAL AND ADMINISTRATIVE LAW LIST No. 2425 of 2019

BETWEEN

	Limbu Sitar Devi	1^st Applicant
	Limbu Tejen Hang	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:

Application for leave to apply for Judicial Review be discontinued.

Observations for the Applicant:

Introduction

1.This is the Applicants’ application by Form 86 filed on 21 August 2019 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”) and the Director of Immigration (the “Director”) dismissing their appeal against the decision of the Director refusing their application for non-refoulement protection (the “Decision”). The 1^st Applicant is the father of the 2^nd Applicant who is a minor. The Applicants are legally represented.

2.On 8 July 2026, the Applicants’ solicitor filed an ex parte summons seeking leave to wholly discontinue these proceedings. The 1^st Applicant had succeeded before the Board on the ground of a risk of persecution. He is not at risk of imminent refoulement. They now wish to wholly discontinue their leave application because they have been issued with UNHCR Certificates pending resettlement. The Applicants are legally represented. In the circumstances, the Court is satisfied that the application to discontinue their leave application was voluntarily made with full understanding of the consequences of the discontinuance. Hence, their application to discontinue is allowed.

Dated the 11^th day of August 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 Applicants on 11/08/2026 Limbu Sitar Devi Limbu Tejen Hang 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 11/08/2026 Torture Claims Appeal Board/Non-refoulement Claims Petition Office Putative Respondent’s ref. no.: USM 10613/18/3/65/N427 USM 10614/18/3/66/N428 Director of Immigration Putative Interested Party’s ref. no.: QA T/C 3359-60/17 (Formerly RBCZ 2001458-9/14) Department of Justice, Senior Assistant Law Officer (Civil Law) (Civil Litigation Unit 2)

Form CALL-1