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Constitutional and Administrative Law Proceedings2022

IDA FARIDA v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE [Decision on Leave Application]

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[2026] HKCFI 1516-EN-2026-03-26

IDA FARIDA v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE [Decision on Leave Application]

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HCAL 609/2022

[2026] HKCFI 1516

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CONSTITUTIONAL AND ADMINISTRATIVE LAW LIST No 609 of 2022

BETWEEN

 Ida FaridaApplicant
 and 
 Torture Claims Appeal Board/Putative
 Non-refoulement Claims Petition OfficeRespondent
 and 
 Director of ImmigrationPutative
  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 the documents and oral submissions by the Applicant in open court;

Order by Deputy High Court Judge (Non-Refoulement Claims) Calvin Cheuk:

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

Observations for the Applicant:

Introduction

1.  By a Form 86 filed on 13 July 2022 (the “Form”), the Applicant applied for leave to apply for judicial review of the decision of the Torture Claims Appeal Board / Non-refoulement Claims Petition Office (the “Board”) dated 29 June 2022 (the “Board’s Decision”), which affirmed the decision of the Director of Immigration (the “Director”) dated 21 July 2021 (the “Director’s Decision”).

2.  The Applicant requested an oral hearing for the application.  The hearing took place on 4 February 2026 and the Applicant attended in person.

3.  After the hearing, however, the Applicant filed an affirmation applying for leave to withdraw her application on 20 March 2026.

4.  There is no indication that the application for withdrawal was made other than of the Applicant’s own free will. Further, there is nothing outstanding in these proceedings. The application is therefore dismissed. See Re Manik Md Mahamudun Nabi[2022] HKCA 471, at [19(1)].

 

 

Dated the 26th day of March 2026

  (Gladys Lee)
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 26/03/2026

Ida Farida

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 26/03/2026

Torture Claims Appeal Board/Non-refoulement Claims Petition Office
Putative Respondent’s ref. no.:
USM 18426/21/8/14/I2126

Director of Immigration
Putative Interested Party’s ref. no.:
QA T/C 822/21 (formerly RBCZ 121/21)

Department of Justice,
Senior Assistant Law Officer
(Civil Law)
(Civil Litigation Unit 2)



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