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

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

The application for leave to apply for judicial review was dismissed because the applicant affirmatively sought to withdraw the application after obtaining a dependent visa and thereby demonstrated no intention to proceed, so the court acceded to the request to dismiss.

Citation
[2020] HKCFI 1120
Parties
Applicant: Ali Nasir; 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 June 2020
Case Number
HCAL301/2017
Procedural Posture
Application for Leave to Apply for Judicial Review / Leave Application Dismissed Following Applicant's Request to Withdraw
Outcome
Application dismissed.
Legal Topics
Non Refoulement, Torture Claims, Judicial Review, Leave to Apply for Judicial Review, Withdrawal/abandonment of Proceedings
Source Language
EN
Administrative Law Immigration Law Constitutional Law Non Refoulement Torture Claims Judicial Review Leave to Apply for Judicial Review Withdrawal/abandonment of Proceedings

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Parties

Ali Nasir

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 Following Applicant's Request to Withdraw

Legal Issues

  1. 1 Whether leave to apply for judicial review should be granted
  2. 2 Whether the court should dismiss the leave application after the applicant sought to withdraw because he obtained a dependent visa and had no intention to proceed

Ratio Decidendi

The application for leave to apply for judicial review was dismissed because the applicant affirmatively sought to withdraw the application after obtaining a dependent visa and thereby demonstrated no intention to proceed, so the court acceded to the request to dismiss.

Court Disposition

Application dismissed.

Orders

  • Application for leave to apply for judicial review dismissed.