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HCAL 2319/2019 and HCAL 1741/2021
[2025] HKCFI 3839
(Heard together)
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF FIRST INSTANCE
CONSTITUTIONAL AND ADMINISTRATIVE LAW LIST No. 2319 of 2019
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BETWEEN
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Endang Tri Wahyuni
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1
st
Applicant
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Gursewak Anmoldeep
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2
nd
Applicant
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Endang-Tri-Wahyuni Anggelia Puspita
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3
rd
Applicant
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and
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Torture Claims Appeal Board/
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Putative
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Non-refoulement Claims Petition Office
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Respondent
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and
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Director of Immigration
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Putative
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Interested Party
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AND
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF FIRST INSTANCE
CONSTITUTIONAL AND ADMINISTRATIVE LAW LIST No. 1741 of 2021
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BETWEEN
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Endang Tri Wahyuni
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1st Applicant
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Endang-Tri-Wahyuni Anggelia Puspita
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2nd Applicant
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and
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Torture Claims Appeal Board/
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Putative
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Non-refoulement Claims Petition Office
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Respondent
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and
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Director of Immigration
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Putative
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Interested Party
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Application for Leave to Apply for Judicial Review
NOTIFICATION of the Judge’s decision (Ord. 53 r. 3)
Following;
Order by
Deputy High Court Judge To
:
1. Both applications are to be heard together;
2. Extension of time to apply for leave to apply for Judicial Review in HCAL 2319/2019 be granted; and
3. Leave to apply for Judicial Review in both applications be refused.
Observations for the Applicant:
Introduction
1.
There are two applications for leave to apply for judicial review (“leave application(s)”) before the Court. The 1
st
Applicant in the two applications is the mother of the other applicants. In HCAL 2319/2019, she applied on behalf of herself, her elder daughter (the “elder daughter”) and her younger daughter (the “younger daughter”). In HCAL 1741/2021, she applied solely on behalf of her younger daughter. They sought leave to review the decision of the Torture Claims Appeal Board / Non-Refoulement Claims Petition Office (the “Board”) dated 8 March 2019 (the “First Decision”) in respect of the mother and the elder daughter and the decision dated 1 December 2021 in respect of the younger daughter (the “Second Decision”) dismissing their respective appeals against the decision of the Director of Immigration (the “Director”) refusing their applications for non-refoulement protection. The two applications are heard together. It should be noted that though the younger daughter was named as a party to the leave application in HCAL 2319/
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