Nani Nurhayati Bt Nurkasan Rus v. Torture Claims Appeal Board / Non-refoulement Claims Petition Office

Case No.HCAL 676/2023[2026] HKCFI 5581

Court

Court of First Instance

Date14 Oct 2026

JudgeDeputy High Court Judge (Non-refoulement Claims) Sabrina Ho

Case Document

100%

HCAL 676/2023

[2026] HKCFI 5581

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CONSTITUTIONAL AND ADMINISTRATIVE LAW LIST No 676 of 2023

BETWEEN

	Nani Nurhayati Bt Nurkasan Rus	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 9 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.The Applicant requested an oral hearing for the Leave Application. The hearing took place on 18 June 2026 but the Applicant was absent. Notices of Hearing were issued to the Applicant in advance at the Applicant’s address stated in the Form and the address provided by the Immigration Department on 27 February 2026 respectively but both notices were returned on 18 June 2026 as undelivered.

3.Subsequently, by a letter dated 2 October 2026, the Applicant informed this Court that she is currently detained in Nei Kwu Correctional Institution. The Applicant requested to withdraw the Leave Application. She said that she wishes to return to Indonesia as her life is safe there now. I consider the Applicant made the above decision voluntarily. I accede to her application to withdraw the Leave Application without adjudicating on its merits. As there is nothing outstanding, and the action should not be left at large, I further order that the Leave Application be dismissed: see Re Manik MD Mahamudun Nabi [2022] HKCA 471 at paragraph 19.

Dated the 14^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 14/10/2026 Nani Nurhayati Bt Nurkasan Rus 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 14/10/2026 Torture Claims Appeal Board/Non-refoulement Claims Petition Office Putative Respondent’s ref. no.: USM 20467 Director of Immigration Putative Interested Party’s ref. no.: QA T/C 311/22 (formerly RBCZ 5000194/22) 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

applied

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