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

HCAL 2362/2025

[2026] HKCFI 4932

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CONSTITUTIONAL AND ADMINISTRATIVE LAW LIST No 2362 of 2025

BETWEEN

Application for Leave to Apply for Judicial Review

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

Following;

	consideration of the documents only;            or
	consideration of the documents and oral submissions by the Applicant in open court;

Order by Deputy High Court Judge Andrew Li:

1.  Leave to withdraw the application for leave to apply for judicial review be granted; and

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

Observations for the Applicant:

INTRODUCTION

1.By a Form 86 filed on 22 October 2025 (“the Form 86”), the applicant applied for leave to apply for judicial review of the decision by the Torture Claims Appeal Board (“the Board”) dated 28 August 2025 (“the Board’s Decision”), which affirmed a decision by the Director of Immigration (“the Director”) dated 23 June 2025 in refusing the applicant’s non-refoulement protection claim.

WITHDRAWAL

2.By a letter dated 1 June 2026, the applicant informed the court that he now wishes to withdraw judicial review application as he wants to return to his home country (which is Indonesia) as soon as possible. He stated in the letter that the issues in his home country have been resolved and he can return home.  

3.As a court of review of the Board’s Decision, I am only concerned with whether there are any errors of law or procedural unfairness or irrationality of the decision of the Board and not the merits: See Re: Kartini [2019] HKCA 1022, §13(1). Having examined the Board’s Decision with rigorous examination and anxious scrutiny, I find the applicant has raised no valid grounds to challenge the Board’s Decision. Thus, the application fails to show that he has any realistic prospect of success in his proposed judicial review of the Board’s Decision: Peter Po Fun Chan v Winnie Cheng (2007) 10 HKCFAR 676.

4.In any event, there is nothing to indicate that the applicant’s decision to withdraw the judicial review application was made anything other than out of his own free will. As there is nothing outstanding in this action, I therefore accede to the withdrawal request and formally dismiss the application.

Dated the 31^st day of August 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