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

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

Because the applicant voluntarily withdrew the leave application and there was nothing outstanding, the court applied Re Manik Md Mahamudun Nabi and dismissed the application rather than leaving the action at large.

Citation
[2023] HKCFI 3174
Parties
Applicant: Abbas Adeel; 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
12 December 2023
Case Number
HCAL595/2020
Procedural Posture
Judicial Review (leave Application) / Leave Application Dismissed Following Applicant Withdrawal
Outcome
Leave to apply for judicial review dismissed.
Legal Topics
Non Refoulement, Torture Claim, Leave to Apply for Judicial Review, Withdrawal of Proceedings, Judicial Review Procedure
Source Language
EN
Immigration Law Administrative Law Constitutional Law Human Rights Law Non Refoulement Torture Claim Leave to Apply for Judicial Review Withdrawal of Proceedings +1 more

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Parties

Abbas Adeel

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 Following Applicant Withdrawal

Legal Issues

  1. 1 Whether leave to apply for judicial review should be granted
  2. 2 Legal effect of applicant's withdrawal of the leave application
  3. 3 Whether dismissal is appropriate when there is nothing outstanding in the action

Ratio Decidendi

Because the applicant voluntarily withdrew the leave application and there was nothing outstanding, the court applied Re Manik Md Mahamudun Nabi and dismissed the application rather than leaving the action at large.

Court Disposition

Leave to apply for judicial review dismissed.

Orders

  • Leave to apply for judicial review dismissed.