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

Case No.HCAL 885/2023[2026] HKCFI 5057

Court

High Court CFI

Date09 Sep 2026

Judge—

Case Document

100%

HCAL 885/2023

[2026] HKCFI 5057

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CONSTITUTIONAL AND ADMINISTRATIVE LAW LIST No. 885 of 2023

BETWEEN

	Khasanah Uswatun	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 Applicant being absent in open court;

Order by Deputy High Court Judge K.W. Lung:

Leave to apply for Judicial Review be dismissed.

Observations for the Applicant:

1.The applicant applies for withdrawal of the application for judicial review of the Board’s Decision. However, in her affirmation in support of her application, she said that there is no need to see her non-refoulement claims Petition officer and no need to see the case officer.

2.The intention of the applicant is not clear. The Court therefore fixed a hearing for the applicant to state her true intention.

3.However, she was absent at the hearing on 24 August 2026. There is no evidence that she did not make her application for withdrawing other than out of her own accord. This Court has given her the opportunity to explain her true intention. Since she did not attend the hearing, the Court will therefore proceed on the basis that she made the application voluntarily without any influence from the case officer. The fact that she does not want to see the petitioner officer or the case officer is neither here nor there. There is no basis for this Court to make any assumption that she was forced to make her application.

4.There being no evidence that the application is made other than out of the applicant’s free will; and there being no outstanding matter in this action, the Court accedes to the applicant’s request and dismisses the application accordingly[1].

Dated the 9^th day of September 2026

(Allen LEE)
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 9/9/2026 Khasanah Uswatun 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 9/9/2026 Torture Claims Appeal Board/Non-refoulement Claims Petition Office Putative Respondent’s ref. no.: USM 20415 Director of Immigration Putative Interested Party’s ref. no.: RBCL/87/22 Department of Justice, Senior Assistant Law Officer (Civil Law) (Civil Litigation Unit 2)

Form CALL-1

[1] Re Manik Md Mahamudun Nabi [2022] HKCA 471 at §19:

“(1) The applicant on his own motion applied to the Court to withdraw his application for leave to apply for judicial review. The Judge acceded to his application, whereupon there was nothing outstanding in the action. The Judge was correct to conclude the action by ordering a dismissal of the application instead of leaving the action at large.”