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HCAL 1358/2023
[2026] HKCFI 5365
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF FIRST INSTANCE
CONSTITUTIONAL AND ADMINISTRATIVE LAW LIST No. 1358 of 2023
BETWEEN
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Siti Juariah |
Applicant |
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and |
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Torture Claims Appeal Board/ |
Putative |
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Non-refoulement Claims Petition Office |
Respondent |
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and |
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Director of Immigration |
Putative |
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Interested Party |
Application for Leave to Apply for Judicial Review
NOTIFICATION of the Judge’s decision (Ord. 53 r. 3)
Following:
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consideration of documents only; or |
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consideration of documents and oral submissions by the Applicant in open court; |
Order by Deputy High Court Judge (Non-refoulement Claims) Keith Lam:
1. Form 86 be amended, naming the Director of Immigration as the putative interested party.
2. The application for leave to apply for judicial review be dismissed.
Observations for the Applicant:
1.By Form 86 filed on 7 August 2023 (“Form 86”), the Applicant seeks leave to apply for judicial review of the decision of the Torture Claims Appeal Board / Non-Refoulement Claims Petition Office (“TCAB”) dated 23 March 2023 (“TCAB Decision”), which affirmed the decision of the Director of Immigration (“DOI”) dated 31 March 2022 (“DOI Decision”).
2.The Form 86 incorrectly named the TCAB as the putative interested party. I therefore amend the Form 86 on my own motion to name the DOI as the putative interested party.
3.In the oral hearing of this leave application on 16 September 2026, the Applicant informed the Court that she wanted to go back home to Indonesia. She confirmed that she wished to withdraw the application for leave and that she made this decision out of her own free will.
4.After the hearing:
(1) The Court received a handwritten letter from the Applicant dated 9 September 2026 asking “to cancel my court in Shatin because now I want to process to go back in Indonesia”. It is not clear what the “court in Shatin” is referring to – as the Applicant is currently in police detention, this might relate to criminal proceedings against the Applicant. In any case, this letter is consistent with what the Applicant stated in Court, that she wished to return to Indonesia.
(2) The Court further received a letter dated 25 September 2026, the DOI informed the Court that the Applicant had submitted a letter dated 22 September 2026 (which was annexed to the DOI’s letter) indicating that she would like to withdraw her judicial review application, and that she wanted to return to her home country as soon as possible.
5.As such, I accede to the application to withdraw without adjudicating on the merits. As there is nothing outstanding, and the proceedings should not be left at large, I order that the leave application be dismissed: see Re Manik Md Mahamudun Nabi [2022] HKCA 471 at §19.
Dated the 5th day of October 2026
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(Joyce Ooi)
for Registrar, High Court
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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:
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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)).
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Sent to the Applicant
on 5/10/2026
Siti Juariah
Applicant’s ref. no:
Nil. |
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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 5/10/2026
Torture Claims Appeal Board/Non-refoulement Claims Petition Office
Putative Respondent’s ref. no.: USM 20149
Director of Immigration
Putative Interested Party’s ref. no.: QA T/C 2129/21 (Formerly RBCZ 5000249/21)
Department of Justice,
Senior Assistant Law Officer
(Civil Law)
(Civil Litigation Unit 2) |
Form CALL-1
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