BUI THI DO v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE [Decision on Leave Application]

BUI THI DO v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE [Decision on Leave Application]

The applicant voluntarily withdrew the leave application and there were no outstanding matters; accordingly the correct disposal is dismissal of the application rather than leaving the action at large.

Citation
[2024] HKCFI 2301
Parties
Applicant: Bui Thi Do; 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
19 September 2024
Case Number
HCAL849/2022
Procedural Posture
Application for Leave to Apply for Judicial Review / Leave Application Dismissed (notification of Judge's Decision)
Outcome
Leave to apply for Judicial Review dismissed.
Legal Topics
Withdrawal of Application, Dismissal of Proceedings, Leave to Apply for Judicial Review, Non Refoulement, Torture Claims
Source Language
EN
Constitutional Law Administrative Law Immigration Law Judicial Review Withdrawal of Application Dismissal of Proceedings Leave to Apply for Judicial Review Non Refoulement +1 more

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Parties

Bui Thi Do

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 of Judge's Decision)

Legal Issues

  1. 1 Whether applicant may withdraw application for leave to apply for judicial review
  2. 2 Whether court should dismiss or leave action at large after withdrawal
  3. 3 Whether withdrawal was voluntary and whether outstanding matters remain

Ratio Decidendi

The applicant voluntarily withdrew the leave application and there were no outstanding matters; accordingly the correct disposal is dismissal of the application rather than leaving the action at large.

Court Disposition

Leave to apply for Judicial Review dismissed.

Orders

  • Leave to apply for Judicial Review be dismissed.