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

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

The applicant expressly withdrew the leave application and, applying Re Manik Md Mahamudun Nabi [2022] HKCA 471, where nothing remains outstanding the correct disposition is dismissal of the application.

Citation
[2023] HKCFI 897
Parties
Applicant: Amit Kumar; 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
14 April 2023
Case Number
HCAL2026/2020
Procedural Posture
Application for Leave to Apply for Judicial Review / Application for Leave — Dismissed Following Applicant Withdrawal
Outcome
Leave to apply for judicial review dismissed.
Legal Topics
Non Refoulement, Leave to Apply for Judicial Review, Withdrawal of Application, Appeal to Torture Claims Appeal Board
Source Language
EN
Immigration Constitutional and Administrative Law Human Rights Non Refoulement Leave to Apply for Judicial Review Withdrawal of Application Appeal to Torture Claims Appeal Board

Case Brief

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Parties

Amit Kumar

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 / Application for Leave — Dismissed Following Applicant Withdrawal

Legal Issues

  1. 1 Whether leave to apply for judicial review should be granted
  2. 2 Effect of applicant's withdrawal on the continuation of proceedings
  3. 3 Proper disposition when an applicant withdraws an application for leave

Ratio Decidendi

The applicant expressly withdrew the leave application and, applying Re Manik Md Mahamudun Nabi [2022] HKCA 471, where nothing remains outstanding the correct disposition is dismissal of the application.

Court Disposition

Leave to apply for judicial review dismissed.

Orders

  • Leave to apply for Judicial Review dismissed.