Baterna Edelyn Mae Gunsi and Another v. Torture Claims Appeal Board / Non-refoulement Claims Petition Office

Case No.HCAL 2343/2023[2026] HKCFI 5706

Court

Court of First Instance

Date15 Oct 2026

Judge未知

Case Document

100%

HCAL 2343/2023

[2026] HKCFI 5706

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CONSTITUTIONAL AND ADMINISTRATIVE LAW LIST No. 2343 of 2023

BETWEEN

	Baterna Edelyn Mae Gunsi	1^st Applicant
	Butt Matiur Rehman alias Butt James Naeem	2^nd 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:

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 Application for leave to apply for Judicial Review be withdrawn.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 Applicants:

Introduction

1.This is the Applicants’ application by Form 86 filed on 27 December 2023 for leave to apply for judicial review (the “leave application”) of the decision of the Torture Claims Appeal Board / Non-Refoulement Claims Petition Office (the “Board”) dated 13 December 2023 (the “Decision”) dismissing their appeal against the decision of the Director of Immigration refusing their application for non-refoulement protection. The 1^st Applicant is the mother of the 2^nd Applicant and represents him in this leave application.

2.On 21 September 2026, the Court received a letter from the Applicants through the Immigration Department applying to withdraw their leave application (the “withdrawal application”) asserting (i) that they want to withdraw their leave application; (ii) that they want to return to their home country; and (iii) that it is now safe for them to return. Reading the decision of the Board and all the papers, there is nothing to suggest that the decision to withdraw their leave application was made by the 1^st Applicant otherwise than out of her own free will with full understanding of the consequences of the withdrawal and that it is safe for them to return to their home country. This Court is therefore satisfied that the decision to withdraw is an informed and conscious decision freely made. Accordingly, their withdrawal application is allowed and their application for leave to apply for judicial review is withdrawn.

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 Baterna Edelyn Mae Gunsi Butt Matiur Rehman alias Butt James Naeem 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 21415 USM 21416 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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