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

Case No.HCAL 817/2026[2026] HKCFI 5011

Court

High Court CFI

Date03 Sep 2026

Judge—

Case Document

100%

HCAL 817/2026

[2026] HKCFI 5011

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CONSTITUTIONAL AND ADMINISTRATIVE LAW LIST No. 817 of 2026

BETWEEN

	Ristiana	1^st Applicant
	Ristiana Muhammad Rasya Hilmansyah	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 1^st Applicant in open court and the 2^nd Applicant being absent 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 Application for leave to apply for Judicial Review be withdrawn.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 Applicant:

Introduction

1.This is the Applicants’ application by Form 86 filed on 28 April 2026 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 19 December 2025 (the “Decision”) dismissing their appeal against the decision of the Director of Immigration refusing their application for non-refoulement protection.

2.On 4 August 2026, the Court received a letter dated 30 June 2026 from the 1^st Applicant (the “withdrawal letter”) through the Immigration Department applying to withdraw her leave application (the “withdrawal application”) asserting (i) that she wants to return to her home country; (ii) that her problems in her home country have been solved; and (iii) that she wants to withdraw all her non-refoulement claims, including her leave application. She also enclosed a letter dated 29 July 2026 from her male partner asking to be returned home as whole family.

3.At the hearing on 26 August 2026, the 1^st Applicant confirmed that the withdrawal application was made on behalf of herself and the 2^nd Applicant. Reading the decision of the Board and all the papers, there is nothing to suggest that the 1^st Applicant’s decision to withdraw her and the 2^nd Applicant’s leave application was made otherwise than out of her own free will with full understanding of the consequences of the withdrawal and that it is safe for them to return to their home country. This Court is therefore satisfied that their decision to withdraw is an informed and conscious decision freely made. Accordingly, their withdrawal application is allowed and their application for leave to apply for judicial review is withdrawn.

Dated the 3^rd day of September 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 03/09/2026 Ristiana Ristiana Muhammad Rasya Hilmansyah Applicant’s ref. no:		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 03/09/2026 Torture Claims Appeal Board/Non-refoulement Claims Petition Office Putative Respondent’s ref. no.: USM 27191-27192 Director of Immigration Putative Interested Party’s ref. no.: Department of Justice, Senior Assistant Law Officer (Civil Law) (Civil Litigation Unit 2)

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