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

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

The applicant voluntarily withdrew his application for leave and there was nothing outstanding in the proceedings; accordingly the court dismissed the application in accordance with Re Manik Md Mahamudun Nabi [2022] HKCA 471.

Citation
[2024] HKCFI 107
Parties
Applicant: Aksan Muhammad; 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
18 January 2024
Case Number
HCAL313/2020
Procedural Posture
Application for Leave to Apply for Judicial Review / Leave Application Dismissed (notification Under Order 53 R.3)
Outcome
Leave to apply for judicial review dismissed.
Legal Topics
Non Refoulement, Judicial Review, Leave to Apply, Withdrawal of Application
Source Language
EN
Administrative Law Constitutional Law Immigration Law Non Refoulement Judicial Review Leave to Apply Withdrawal of Application

Case Brief

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Parties

Aksan Muhammad

Applicant

Torture Claims Appeal Board/Non-refoulement Claims Petition Office

Putative Respondent

Director of Immigration

Putative Interested Party

Procedural Posture

Application for Leave to Apply for Judicial Review / Leave Application Dismissed (notification Under Order 53 R.3)

Legal Issues

  1. 1 Whether leave to apply for judicial review should be granted
  2. 2 Whether the applicant's withdrawal of the leave application requires dismissal of the proceedings
  3. 3 Whether anything remained outstanding in the action after withdrawal

Ratio Decidendi

The applicant voluntarily withdrew his application for leave and there was nothing outstanding in the proceedings; accordingly the court dismissed the application in accordance with 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.