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

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

The leave application was dismissed because the applicant voluntarily withdrew the application by affirmation and, applying Re Manik Md Mahamudun Nabi [2022] HKCA 471, the correct disposition in those circumstances is dismissal rather than leaving the action at large.

Citation
[2023] HKCFI 766
Parties
Applicant: Kumar Naveen; 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
6 April 2023
Case Number
HCAL1495/2021
Procedural Posture
Application for Leave to Apply for Judicial Review / Decision on Leave Application (dismissed)
Outcome
Leave to apply for judicial review dismissed.
Legal Topics
Non Refoulement, Torture Claims Appeal, Leave to Apply for Judicial Review, Withdrawal of Application
Source Language
EN
Constitutional and Administrative Law Immigration Law Judicial Review Non Refoulement Torture Claims Appeal Leave to Apply for Judicial Review Withdrawal of Application

Case Brief

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Parties

Kumar Naveen

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 / Decision on Leave Application (dismissed)

Legal Issues

  1. 1 Whether leave to apply for judicial review should be granted
  2. 2 Effect of the applicant's withdrawal of his leave application
  3. 3 Proper procedural disposition when an applicant seeks to withdraw leave proceedings

Ratio Decidendi

The leave application was dismissed because the applicant voluntarily withdrew the application by affirmation and, applying Re Manik Md Mahamudun Nabi [2022] HKCA 471, the correct disposition in those circumstances is dismissal 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.