Muslikah v. Torture Claims Appeal Board / Non-refoulement Claims Petition

Case No.HCAL 1450/2024[2026] HKCFI 5222

Court

High Court CFI

Date15 Sep 2026

Judge—

Case Document

100%

HCAL 1450/2024

[2026] HKCFI 5222

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CONSTITUTIONAL AND ADMINISTRATIVE LAW LIST No. 1450 of 2024

BETWEEN

	Muslikah	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 Application for leave to apply for Judicial Review be withdrawn.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 August 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 her appeal against the decision of the Director of Immigration refusing her application for non-refoulement protection (the “Decision”).

Discussion and conclusion

2.On 13 August 2026, the Applicant applied by affirmation to withdraw her leave application (the “withdrawal application”) asserting that she wishes to return to her home country. To ensure that the withdrawal is valid and properly made, the Applicant was given directions by letter dated 24 August 2026 (the “directions letter”) to file an affirmation or a statement confirming:

(a)  that her withdrawal application is made out of her own free will;

(b)  that she will be safe to return to her home country; and

(c)  that she understands that if her withdrawal application is approved, the Decision of the Board dismissing her appeal against the decision of the Director of Immigration refusing her application for non-refoulement protection remains in force.

She was also advised that if no affirmation or statement shall have been filed as required, her withdrawal application will be refused and the leave application may be dismissed for want of prosecution unless she informs the Court of her intention to proceed with the leave application within 14 days of the directions letter.

3.On 3 September 2026, the Court received a letter from her via the Immigration Department applying to withdraw her leave application (the “withdrawal application”) asserting (i) that she want to return to her home country; and (ii) that the issues in her home country have been resolved. Reading the decision of the Board and all the papers, there is nothing to suggest that her decision to withdraw her leave application was made otherwise than out of her own free will and with full understanding of the consequences of the withdrawal. This Court is therefore of the view that her decision to withdraw is an informed and conscious decision voluntarily made. Hence, it allows her application for leave to apply for judicial review to be withdrawn.

Dated the 15^th 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 Applicant on 15/09/2026 Muslikah 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 15/09/2026 Torture Claims Appeal Board/Non-refoulement Claims Petition Office Putative Respondent’s ref. no.: USM 23666 Director of Immigration Putative Interested Party’s ref. no.: QA T/C 645/24 (formerly RBCZ 5000589/24) Department of Justice, Senior Assistant Law Officer (Civil Law) (Civil Litigation Unit 2)

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