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

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

The court allowed the withdrawal because the applicant communicated an intention to withdraw and the court, on reviewing the decision and papers, was satisfied the withdrawal was an informed, conscious and voluntary decision made with full understanding of its consequences, thus permitting withdrawal of the leave...

Source-derived case information.

Citation
[2026] HKCFI 612
Parties
Applicant: Dina; 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
30 January 2026
Case Number
HCAL319/2024
Procedural Posture
Judicial Review (non Refoulement) / Application for Leave to Apply for Judicial Review; Withdrawal Application
Outcome
Withdrawal of application for leave to apply for judicial review allowed
Legal Topics
Non Refoulement, Torture Claims, Judicial Review, Leave to Apply, Withdrawal of Application, Procedural Requirements
Source Language
en
Administrative Law Constitutional Law Immigration Law Human Rights Law Non Refoulement Torture Claims Judicial Review Leave to Apply +2 more

Source-derived case record

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Parties

Dina

Applicant

Torture Claims Appeal Board/Non-refoulement Claims Petition Office

Putative Respondent

Director of Immigration

Putative Interested Party

Procedural Posture

Judicial Review (non Refoulement) / Application for Leave to Apply for Judicial Review; Withdrawal Application

Legal Issues

  1. 1 Whether the applicant validly and voluntarily withdrew her application for leave to apply for judicial review
  2. 2 Whether the court should permit withdrawal of the leave application
  3. 3 Whether there is any suggestion of coercion or lack of understanding by the applicant

Ratio Decidendi

The court allowed the withdrawal because the applicant communicated an intention to withdraw and the court, on reviewing the decision and papers, was satisfied the withdrawal was an informed, conscious and voluntary decision made with full understanding of its consequences, thus permitting withdrawal of the leave application.

Court Disposition

Withdrawal of application for leave to apply for judicial review allowed

Orders

  • Application to withdraw the application for leave to apply for judicial review granted
  • Application for leave to apply for judicial review withdrawn