CUSTIYANTI-BT-TARMIDI-DULAN AND ANOTHER v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE [Decision on Leave Application]

CUSTIYANTI-BT-TARMIDI-DULAN AND ANOTHER v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE [Decision on Leave Application]

The Court allowed the withdrawal because it was satisfied the withdrawal was authentic, voluntary and made with understanding of consequences (including that the Board's decision would be final), and because the Board had found the applicants faced a low risk of harm on return to Indonesia, making withdrawal...

Source-derived case information.

Citation
[2025] HKCFI 5203
Parties
1st Applicant: Custiyanti-Bt-Tarmidi-Dulan; 2nd Applicant: Wajid Aleen Zahra; Putative Respondent: Torture Claims Appeal Board/Non-refoulement Claims Petition Office; Putative Interested Party: Director of Immigration
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
31 October 2025
Case Number
HCAL317/2024
Procedural Posture
Application for Leave to Apply for Judicial Review / Withdrawal Hearing; Leave Application Withdrawn
Outcome
Application to withdraw granted; leave to apply for judicial review withdrawn; Board decision remains final as to non-refoulement claim.
Legal Topics
Non Refoulement, Torture Claims, Withdrawal of Proceedings, Infant Representation, Authenticity of Withdrawal
Source Language
en
Constitutional and Administrative Law Immigration Human Rights Refoulement Non Refoulement Torture Claims Withdrawal of Proceedings Infant Representation +1 more

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Parties

Custiyanti-Bt-Tarmidi-Dulan

1st Applicant

Wajid Aleen Zahra

2nd Applicant

Torture Claims Appeal Board/Non-refoulement Claims Petition Office

Putative Respondent

Director of Immigration

Putative Interested Party

Procedural Posture

Application for Leave to Apply for Judicial Review / Withdrawal Hearing; Leave Application Withdrawn

Legal Issues

  1. 1 Whether an application for leave to apply for judicial review may be withdrawn by applicants including an infant represented by a parent
  2. 2 Whether the purported withdrawal was authentic, voluntary and made with understanding of consequences
  3. 3 Whether return to Indonesia would expose the applicants to a real risk of harm

Ratio Decidendi

The Court allowed the withdrawal because it was satisfied the withdrawal was authentic, voluntary and made with understanding of consequences (including that the Board's decision would be final), and because the Board had found the applicants faced a low risk of harm on return to Indonesia, making withdrawal appropriate and leave to apply for judicial review withdrawn.

Court Disposition

Application to withdraw granted; leave to apply for judicial review withdrawn; Board decision remains final as to non-refoulement claim.

Orders

  • Application to withdraw the leave application granted
  • Leave to apply for judicial review withdrawn