Yuni Pita Ningsih v. Torture Claims Appeal Board / Non-refoulement Claims Petition Office

Case No.HCAL 565/2023[2026] HKCFI 5589

Court

High Court CFI

Date09 Oct 2026

Judge—

Case Document

100%

HCAL 565/2023

[2026] HKCFI 5589

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CONSTITUTIONAL AND ADMINISTRATIVE LAW LIST No 565 of 2023

BETWEEN

	Yuni Pita Ningsih	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) Sabrina Ho:

1. Leave to withdraw the application for leave to apply for judicial review be granted; and

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

Observations for the Applicant:

Introduction

1.By a Form 86 filed on 11 April 2023, 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 17 February 2023 (the “Board”, the “Board’s Decision”).

2.In the Affirmation in support of the Leave Application dated 11 April 2023, the Applicant raised various grounds in support of her Leave Application.

3.The Applicant requested an oral hearing for the Leave Application. The hearing took place on 18 June 2026 (the “Hearing”) but the Applicant was absent. Notice of Hearing was issued to the Applicant in advance at the Applicant’s address provided by the Immigration Department on 27 February 2026. The said Notice has not been returned as undelivered.

4.I take the view that sufficient notice had been given to the Applicant in respect of the Hearing. I proceeded with the Hearing in the absence of the Applicant.

Withdrawal of Leave Application

5.On 17 August 2026, the Applicant filed a further Affirmation indicating that she would like to cancel all her non-refoulement claims and withdraw her Leave Application. On 25 August 2026, the Applicant issued a letter which was forwarded by the Immigration Department to the Court on 27 August 2026. In the letter, the Applicant said that she wants to return to Indonesia as her problem there has been resolved. She repeated her request to cancel all her non-refoulement claims and withdraw her Leave Application.

6.I will grant leave for the Applicant to withdraw her Leave Application. As there was nothing outstanding, and the action should not be left at large, I further ordered that the leave application be dismissed: see Re Manik MD Mahamudun Nabi [2022] HKCA 471 at paragraph 19.

Dated the 9^th day of October 2026

(Vivian Lai)
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 9/10/2026 Yuni Pita Ningsih 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 9/10/2026 Torture Claims Appeal Board/Non-refoulement Claims Petition Office Putative Respondent’s ref. no.: USM 19876 Director of Immigration Putative Interested Party’s ref. no.: QA T/C 2072/21 (formerly RBCZ 11059/21) Department of Justice, Senior Assistant Law Officer (Civil Law) (Civil Litigation Unit 2)

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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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