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

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

The applicant filed a Notice of Discontinuance under Order 21 r.2 and the court was satisfied he had no intention to prosecute the leave application; accordingly the court granted leave to withdraw and ordered the leave application discontinued.

Citation
[2025] HKCFI 4980
Parties
Applicant: Farooq Umar; 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
21 October 2025
Case Number
HCAL1255/2025
Procedural Posture
Application for Leave to Apply for Judicial Review / Notice of Discontinuance Filed; Leave Application Discontinued
Outcome
Application to withdraw granted; leave application discontinued
Legal Topics
Non Refoulement, Judicial Review, Leave to Apply for Judicial Review, Discontinuance
Source Language
EN
Constitutional and Administrative Law Immigration Law Administrative Law Human Rights Law Non Refoulement Judicial Review Leave to Apply for Judicial Review Discontinuance

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Parties

Farooq Umar

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 / Notice of Discontinuance Filed; Leave Application Discontinued

Legal Issues

  1. 1 Whether the leave application should be allowed to be withdrawn
  2. 2 Whether the applicant had intention to prosecute the leave application after filing a Notice of Discontinuance
  3. 3 Effect of Order 21 r.2 and Order 53 procedural rules on the disposition

Ratio Decidendi

The applicant filed a Notice of Discontinuance under Order 21 r.2 and the court was satisfied he had no intention to prosecute the leave application; accordingly the court granted leave to withdraw and ordered the leave application discontinued.

Court Disposition

Application to withdraw granted; leave application discontinued

Orders

  • Application to withdraw the application for leave to apply for Judicial Review granted
  • Application for leave to apply for Judicial Review discontinued