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

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

Because the applicant expressly withdrew the application for leave and there was nothing outstanding, the court applied the Court of Appeal authority that the proper disposition is dismissal rather than leaving the action at large, and therefore dismissed the application for leave.

Citation
[2023] HKCFI 896
Parties
Applicant: Mara Aboobacker Abid; 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
14 April 2023
Case Number
HCAL1637/2020
Procedural Posture
Application for Leave to Apply for Judicial Review / Leave Application Dismissed
Outcome
Application for leave to apply for judicial review dismissed.
Legal Topics
Non Refoulement, Leave to Apply for Judicial Review, Withdrawal of Application, Illegal Immigration
Source Language
EN
Constitutional and Administrative Law Immigration Law Judicial Review Non Refoulement Leave to Apply for Judicial Review Withdrawal of Application Illegal Immigration

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Parties

Mara Aboobacker Abid

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

Legal Issues

  1. 1 Whether leave to apply for judicial review should be granted
  2. 2 Effect of applicant's voluntary withdrawal on the proceedings
  3. 3 Whether dismissal is appropriate when the applicant withdraws leaving nothing outstanding

Ratio Decidendi

Because the applicant expressly withdrew the application for leave and there was nothing outstanding, the court applied the Court of Appeal authority that the proper disposition is dismissal rather than leaving the action at large, and therefore dismissed the application for leave.

Court Disposition

Application for leave to apply for judicial review dismissed.

Orders

  • Leave to apply for judicial review dismissed.