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

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

Because the applicant voluntarily withdrew his leave application and there was nothing outstanding in the action, the proper disposition was dismissal of the application in accordance with Re Manik Md Mahamudun Nabi [2022] HKCA 471.

Citation
[2024] HKCFI 26
Parties
Applicant: Aslam Ibrahim; 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
9 January 2024
Case Number
HCAL362/2021
Procedural Posture
Application for Leave to Apply for Judicial Review / Leave Application Dismissed
Outcome
Application for leave to apply for judicial review dismissed.
Legal Topics
Non Refoulement, Torture Claims, Judicial Review Leave, Illegal Immigration
Source Language
EN
Constitutional and Administrative Law Immigration Law Human Rights Non Refoulement Torture Claims Judicial Review Leave Illegal Immigration

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Parties

Aslam Ibrahim

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

Legal Issues

  1. 1 Whether leave to apply for judicial review should be granted
  2. 2 Effect of applicant's withdrawal of the leave application
  3. 3 Whether the action should be dismissed or left at large

Ratio Decidendi

Because the applicant voluntarily withdrew his leave application and there was nothing outstanding in the action, the proper disposition was dismissal of the application in accordance with Re Manik Md Mahamudun Nabi [2022] HKCA 471.

Court Disposition

Application for leave to apply for judicial review dismissed.

Orders

  • Leave to apply for Judicial Review dismissed.