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

The leave application is dismissed because the applicant withdrew the application after obtaining a dependant visa leaving nothing outstanding; dismissal is the correct disposition under Re Manik rather than leaving the action at large.

Source-derived case information.

Citation: [2023] HKCFI 1767
Parties: Applicant: Kingar Manpreet Singh; 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: 13 July 2023
Case Number: HCAL238/2021
Procedural Posture: Application for Leave to Apply for Judicial Review / Leave Application Dismissed Following Applicant's Withdrawal
Outcome: Leave to apply for judicial review dismissed.
Legal Topics: Non Refoulement, Judicial Review, Leave to Apply, Withdrawal of Application
Source Language: en

Administrative Law Immigration Law Constitutional Law Non Refoulement Judicial Review Leave to Apply Withdrawal of Application

Source-derived case record

Summary, issues, holding and outcome

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Parties

Kingar Manpreet Singh

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 Following Applicant's Withdrawal

Legal Issues

1 Whether leave to apply for judicial review should be granted
2 Effect of applicant's withdrawal after obtaining dependant visa
3 Whether the proper disposition is dismissal or leaving the action at large in light of authority

Ratio Decidendi

Court Disposition

Leave to apply for judicial review dismissed.

Orders

Leave to apply for judicial review dismissed.

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