Vu Khac Luat v. Torture Claims Appeal Board / Non-refoulement Claims Petition Office

Case No.HCAL 2298/2024[2026] HKCFI 5012

Court

High Court CFI

Date03 Sep 2026

Judge—

Case Document

100%

HCAL 2298/2024

[2026] HKCFI 5012

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CONSTITUTIONAL AND ADMINISTRATIVE LAW LIST No. 2298 of 2024

BETWEEN

	Vu Khac Luat	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:

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 Application for leave to apply for Judicial Review be withdrawn.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 Applicant’s application by Form 86 filed on 28 November 2024 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”) dismissing his appeal against the decision of the Director of Immigration refusing his application for non-refoulement protection (the “Decision”).

2.On 21 August 2026, he filed a letter and an affirmation applying to withdraw his leave application (the “withdrawal application”). In the letter and affirmation, he asserted inter alia (i) that he wished to cancel his leave application; (ii) it is safe for him to return to his home country (iii) that he wished to return to his home country as soon as possible; (iv) that he made the withdrawal application out of his own free will; and (v) that he understands the consequences of his withdrawing his leave application, including that he is bringing his leave application to an end and that the decision of the Board shall remain in force.

3.Reading the Applicant’s letter, the decision of the Board and all the papers, the Court is satisfied that the withdrawal application was freely made out of his own free will and with full understanding of the consequences of the withdrawal and that it now safe for him to return to his home country. Hence, it allows his application for leave to apply for judicial review to be withdrawn.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 Vu Khac Luat 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 23557 Director of Immigration Putative Interested Party’s ref. no.: Department of Justice, Senior Assistant Law Officer (Civil Law) (Civil Litigation Unit 2)

Form CALL-1