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

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

Because the applicant affirmed he wished to withdraw the application and to return to his home country leaving nothing outstanding, the court dismissed the application for leave to apply for judicial review, applying the authority in Re Manik Md Mahamudun Nabi [2022] HKCA 471.

Citation
[2023] HKCFI 1900
Parties
Applicant: Abu Sayed; 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
27 July 2023
Case Number
HCAL1345/2019
Procedural Posture
Leave to Apply for Judicial Review / Application for Leave Dismissed (notification of Judge)
Outcome
Leave to apply for judicial review dismissed.
Legal Topics
Non Refoulement, Torture Claims, Judicial Review Leave to Apply
Source Language
EN
Constitutional and Administrative Law Immigration Law Human Rights Law Non Refoulement Torture Claims Judicial Review Leave to Apply

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 2 Authorities cited 2 Party arguments 2
Sign in to unlock

Parties

Abu Sayed

Applicant

Torture Claims Appeal Board/Non-refoulement Claims Petition Office

Putative Respondent

Director of Immigration

Putative Interested Party

Procedural Posture

Leave to Apply for Judicial Review / Application for Leave Dismissed (notification of Judge)

Legal Issues

  1. 1 Whether leave to apply for judicial review should be granted to challenge the Board's decision rejecting a non-refoulement claim
  2. 2 Whether the court should dismiss a leave application where the applicant seeks to withdraw the application and there is nothing outstanding

Ratio Decidendi

Because the applicant affirmed he wished to withdraw the application and to return to his home country leaving nothing outstanding, the court dismissed the application for leave to apply for judicial review, applying the authority in Re Manik Md Mahamudun Nabi [2022] HKCA 471.

Court Disposition

Leave to apply for judicial review dismissed.

Orders

  • Leave to apply for judicial review dismissed.