Rini Arbiati v. Torture Claims Appeal Board / Non-refoulement Claims Petition Office

Case No.HCAL 1982/2024[2026] HKCFI 5760

Court

Court of First Instance

Date08 Oct 2026

JudgeDeputy High Court Judge To

Case Document

100%

HCAL 1982/2024

[2026] HKCFI 5760

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CONSTITUTIONAL AND ADMINISTRATIVE LAW LIST No. 1982 of 2024

BETWEEN

	Rini Arbiati	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 dated 8 October 2026:

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 Application for leave to apply for Judicial Review be withdrawn.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 1 November 2024 for leave to apply for judicial review (the “leave application”) of the decision (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.

2.On 25 September 2026, the Court received a letter from the Immigration Department informing the Court that it had received a letter purportedly from the Applicant’s solicitors, Messrs Oldham Li & Nie asserting that the Applicant intends to withdraw her leave application. However, OLN is not the Applicant’s solicitors on record. To ascertain the Applicant’s intention for the further conduct of her leave application, a hearing was scheduled on 8 October 2026.

3.At the hearing, the Applicant confirmed her intention to withdraw her leave application. She said she wished to withdraw her leave application and return to her home country and that it is now safe for her to return. The consequence of withdrawal was explained to her. She confirmed she understood that if her withdrawal application is allowed, the Decision of the Board will become final and binding on her, that she may not make another claim for non-refoulement protection on the same grounds and that she may be refouled to her home country anytime. This Court is therefore satisfied that her withdrawal application is made voluntarily with full understanding of the consequences of her withdrawal and that it is safe for her to return to her home country. Accordingly, this Court granted her leave to withdraw her leave application. Her leave application is withdrawn forthwith.

Dated the 15^th day of October 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 15/10/2026 Rini Arbiati 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 15/10/2026 Torture Claims Appeal Board/Non-refoulement Claims Petition Office Putative Respondent’s ref. no.: USM 22809 Director of Immigration Putative Interested Party’s ref. no.: Department of Justice, Senior Assistant Law Officer (Civil Law) (Civil Litigation Unit 2)

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