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

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

Because the applicant applied to withdraw the leave application and there was nothing outstanding in the action, the judge correctly dismissed the leave application rather than leaving the action at large in accordance with Re Manik Md Mahamudun Nabi [2022] HKCA 471.

Citation
[2024] HKCFI 584
Parties
Applicant: Endrawati; 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
29 February 2024
Case Number
HCAL216/2024
Procedural Posture
Judicial Review Leave Application / Leave Application Dismissed Following Applicant's Withdrawal
Outcome
Leave to apply for Judicial Review dismissed.
Legal Topics
Non Refoulement, Asylum, Judicial Review Leave to Apply, Withdrawal of Application
Source Language
EN
Constitutional and Administrative Law Immigration Law Human Rights Law Non Refoulement Asylum Judicial Review Leave to Apply Withdrawal of Application

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 2 Party arguments 2
Sign in to unlock

Parties

Endrawati

Applicant

Torture Claims Appeal Board/Non-refoulement Claims Petition Office

Putative Respondent

Director of Immigration

Putative Interested Party

Procedural Posture

Judicial Review Leave Application / Leave Application Dismissed Following Applicant's Withdrawal

Legal Issues

  1. 1 Whether the leave application should be dismissed where the applicant has applied to withdraw and nothing remains outstanding
  2. 2 Whether the correct procedure is to dismiss the action rather than leave it at large

Ratio Decidendi

Because the applicant applied to withdraw the leave application and there was nothing outstanding in the action, the judge correctly dismissed the leave application rather than leaving the action at large in accordance with Re Manik Md Mahamudun Nabi [2022] HKCA 471.

Court Disposition

Leave to apply for Judicial Review dismissed.

Orders

  • Leave to apply for Judicial Review dismissed.