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

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

Because the applicants on their own motion sought to withdraw the application and there was nothing outstanding, the proper disposition under established precedent was to dismiss the application for leave to apply for judicial review.

Citation
[2023] HKCFI 2312
Parties
1st Applicant: Guriant Singh; 2nd Applicant: Sandeep Kaur; 3rd Applicant: Gurchanan Singh; 4th Applicant: Ayanpreet Singh; 5th Applicant: Gurjant Singh Shahbaz Singh; 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
21 September 2023
Case Number
HCAL1396/2021
Procedural Posture
Judicial Review (leave Application) / Leave Application Dismissed
Outcome
Leave to apply for judicial review dismissed.
Legal Topics
Non Refoulement, Leave to Apply for Judicial Review, Withdrawal of Proceedings, Procedural Dismissal, Appeal to Torture Claims Appeal Board
Source Language
EN
Constitutional and Administrative Law Immigration Law Human Rights Law (non Refoulement) Non Refoulement Leave to Apply for Judicial Review Withdrawal of Proceedings Procedural Dismissal Appeal to Torture Claims Appeal Board

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Parties

Guriant Singh

1st Applicant

Sandeep Kaur

2nd Applicant

Gurchanan Singh

3rd Applicant

Ayanpreet Singh

4th Applicant

Gurjant Singh Shahbaz Singh

5th Applicant

Torture Claims Appeal Board/Non-refoulement Claims Petition Office

Putative Respondent

Director of Immigration

Putative Interested Party

Procedural Posture

Judicial Review (leave Application) / Leave Application Dismissed

Legal Issues

  1. 1 Whether the applicants could withdraw their application for leave to apply for judicial review and the appropriate procedural disposition
  2. 2 Whether leave should be granted in light of the Board's Decision affirming the Director of Immigration

Ratio Decidendi

Because the applicants on their own motion sought to withdraw the application and there was nothing outstanding, the proper disposition under established precedent was to dismiss the application for leave to apply for judicial review.

Court Disposition

Leave to apply for judicial review dismissed.

Orders

  • Leave to apply for Judicial Review dismissed.