Nguyen Thi Tham Acting As Next Friend of Khuc Dieu Quynh Chi v. Torture Claims Appeal Board / Non-refoulement Claims Petition Office

Case No.HCAL 1056/2026[2026] HKCFI 5524

Court

High Court CFI

Date30 Sep 2026

Judge—

Case Document

100%

HCAL 1056/2026

[2026] HKCFI 5524

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CONSTITUTIONAL AND ADMINISTRATIVE LAW LIST No. 1056 of 2026

BETWEEN

	Nguyen Thi Tham acting as next friend of	Applicant
	Khuc Dieu Quynh Chi
	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:

THE APPLICATION

1.In Form 86, the 1^st named filed the application as the 1^st applicant for herself and the 2^nd applicant, her daughter born on 31 July 2024, a minor. I shall call them mother and daughter below.

2.In the Decision dated 2 December 2025 by the Torture Claims Appeal Board (“the Board’s Decision”), the Board stated that the mother was acting as the guardian of the daughter. The appeal was squarely dealing with the daughter’s appeal only.

3.On the Court’s own motion, Form 86 is therefore amended that Nguyen Thi Tham acting as next friend of Khuc Dieu Quynh Chi.

4.On behalf of the daughter, the mother applies for withdrawal of the application for judicial review of the Board’s Decision. She stated that it is safe for her to return to her country. As the daughter’s claim depends on the mother’s claim, the daughter’s application is devoid of merit.

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

Dated the 30^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 30/9/2026 Nguyen Thi Tham acting as next friend of Khuc Dieu Quynh Chi 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 30/9/2026 Torture Claims Appeal Board/Non-refoulement Claims Petition Office Putative Respondent’s ref. no.: USM 27178 Director of Immigration Putative Interested Party’s ref. no.: INVN-0000297-24 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.”

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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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