NURHAYATI RASIMAN SAMAD AND OTHERS v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE [Decision on Leave Application]

NURHAYATI RASIMAN SAMAD AND OTHERS v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE [Decision on Leave Application]

The leave application was dismissed for want of prosecution because the Applicants were repatriated and their conduct evidenced a lack of intention to prosecute the judicial review; the withdrawal application was refused but the dismissal was appropriate on that basis.

Citation
[2023] HKCFI 1253
Parties
1st Applicant: Nurhayati Rasiman Samad; 2nd Applicant: Nurhayati Rasiman Samad Alisha; 3rd Applicant: Nurhayati Rasiman Samad Arsha; 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
11 May 2023
Case Number
HCAL2435/2020
Procedural Posture
Judicial Review (leave to Apply) / Leave Application Dismissed for Want of Prosecution; Withdrawal Application Refused
Outcome
Leave to apply for judicial review dismissed for want of prosecution; withdrawal application refused.
Legal Topics
Non Refoulement, Torture, Refoulement, Leave to Apply for Judicial Review, Dismissal for Want of Prosecution, Repatriation
Source Language
EN
Constitutional Law Administrative Law Immigration Law Human Rights Law Non Refoulement Torture Refoulement Leave to Apply for Judicial Review +2 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 6 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Nurhayati Rasiman Samad

1st Applicant

Nurhayati Rasiman Samad Alisha

2nd Applicant

Nurhayati Rasiman Samad Arsha

3rd Applicant

Torture Claims Appeal Board / Non-Refoulement Claims Petition Office

Putative Respondent

Director of Immigration

Putative Interested Party

Procedural Posture

Judicial Review (leave to Apply) / Leave Application Dismissed for Want of Prosecution; Withdrawal Application Refused

Legal Issues

  1. 1 Whether leave to apply for judicial review should be permitted in respect of the Board's and Director's decisions
  2. 2 Whether the Applicants validly withdrew the leave application
  3. 3 Whether dismissal for want of prosecution was appropriate given the Applicants' repatriation and lack of intention to prosecute

Ratio Decidendi

The leave application was dismissed for want of prosecution because the Applicants were repatriated and their conduct evidenced a lack of intention to prosecute the judicial review; the withdrawal application was refused but the dismissal was appropriate on that basis.

Court Disposition

Leave to apply for judicial review dismissed for want of prosecution; withdrawal application refused.

Orders

  • Leave to apply for judicial review dismissed for want of prosecution
  • Withdrawal application refused