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

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

The withdrawal application was granted because the applicant's letter and the record established that the decision to withdraw was made freely and with full understanding of the consequences and there was nothing on the papers to suggest it would be unsafe for him to return; therefore the leave application is validly withdrawn.

Citation
[2026] HKCFI 1967
Parties
Applicant: Eko Darmawan; 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
10 April 2026
Case Number
HCAL1172/2023
Procedural Posture
Judicial Review — Leave Application / Withdrawal of Leave Application (application to Withdraw Granted)
Outcome
Application to withdraw the application for leave to apply for Judicial Review granted; leave application withdrawn.
Legal Topics
Non Refoulement, Torture Claims, Judicial Review Leave, Withdrawal of Application, Return to Country of Origin
Source Language
EN
Constitutional and Administrative Law Immigration Law Human Rights Law Non Refoulement Torture Claims Judicial Review Leave Withdrawal of Application Return to Country of Origin

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Parties

Eko Darmawan

Applicant

Torture Claims Appeal Board/Non-refoulement Claims Petition Office

Putative Respondent

Director of Immigration

Putative Interested Party

Procedural Posture

Judicial Review — Leave Application / Withdrawal of Leave Application (application to Withdraw Granted)

Legal Issues

  1. 1 Whether the applicant may withdraw his application for leave to apply for judicial review
  2. 2 Whether the withdrawal was informed, voluntary and made with understanding of consequences
  3. 3 Whether it is safe for the applicant to return to his home country

Ratio Decidendi

The withdrawal application was granted because the applicant's letter and the record established that the decision to withdraw was made freely and with full understanding of the consequences and there was nothing on the papers to suggest it would be unsafe for him to return; therefore the leave application is validly withdrawn.

Court Disposition

Application to withdraw the application for leave to apply for Judicial Review granted; leave application withdrawn.

Orders

  • Application to withdraw the application for leave to apply for Judicial Review be granted.
  • Application for leave to apply for Judicial Review be withdrawn.