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

Case No.HCAL 818/2023[2026] HKCFI 4634

Court

High Court CFI

Date11 Sep 2026

Judge—

Case Document

100%

HCAL 818/2023

[2026] HKCFI 4634

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CONSTITUTIONAL AND ADMINISTRATIVE LAW LIST No 818 of 2023

BETWEEN

	Anisa	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 the Applicant being absent in open court;

Order by Deputy High Court Judge (Non-refoulement Claims) Philips Wong:

1. Form 86 be amended as follows:- the Torture Claims Appeal Board / Non‑refoulement Claims Petition Office be named as the Putative Respondent.

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

Observations for the Applicant:

Introduction

1.By Form 86 filed on 25 May 2023 (the “Form”), the Applicant applied for leave to apply for judicial review (the “Leave Application”) against the decision of the Torture Claims Appeal Board / Non-refoulement Claims Petition Office dated 5 May 2023.

2.On the Form, the Applicant named the Director of Immigration (the “Director”) as both the proposed respondent and the proposed interested party. As it is trite that the Board should be the proposed respondent whereas the Director should be the proposed interested party in an application of this sort, I make an order to amend the Form on the Court’s own motion.

3.The Applicant requested an oral hearing for the Leave Application. The hearing took place on 27 July 2026. Notice of Hearing was issued to the Applicant at the address provided by the Applicant to the Court in advance, which is also the latest address of the Applicant as informed by the Immigration Department. Attempts were also made to contact and remind the Applicant of the hearing by phone at the number she provided to the Court on 20 and 22 July 2026 but in vain. The Applicant did not attend the hearing.

4.On 3 July 2026, the Court received a letter from the Immigration Department. In the said letter, the Immigration Department had attached a letter submitted by the Applicant dated 26 May 2026, in which the Applicant stated that she wanted to go back to her country as soon as possible and withdraw all her cases in Hong Kong including the present Leave Application. As a result, the Immigration Department indicated that removal proceedings of the Applicant would be resumed as soon as practicable.

5.As the Applicant requested to withdraw the Leave Application, there is nothing outstanding in this Action. I accordingly dismiss the Leave Application (see Manik MD Mahamudun Nabi [2022] HKCA 471, at §19).

Dated the 11^th day of September 2026

(Joyce Ooi)
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 11/09/2026 Anisa 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 11/09/2026 Torture Claims Appeal Board/ Non-refoulement Claims Petition Office Putative Respondent’s ref. no.: USM 20820 Director of Immigration Putative Interested Party’s ref. no.: QA T/C 658/22 (formerly RBCZ 5000509/22) (T1I86) Department of Justice, Senior Assistant Law Officer (Civil Law) (Civil Litigation Unit 2)

Form CALL-1

Cites 1 case

Cases cited in this judgment

Re Manik Md Mahamudun Nabi

[2022] HKCA 471 · Court of Appeal

01 Apr 2022

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