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

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

The applicant withdrew the leave application and affirmed there was nothing outstanding; applying the authority in Re Manik Md Mahamudun Nabi the proper disposal was dismissal of the application rather than leaving the action at large, therefore leave to apply for judicial review is dismissed.

Citation
[2023] HKCFI 2489
Parties
Applicant: Md Arshad Hossen; 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
10 October 2023
Case Number
HCAL1389/2019
Procedural Posture
Application for Leave to Apply for Judicial Review / Leave Application Withdrawn by Applicant and Dismissed
Outcome
Application for leave to apply for judicial review dismissed.
Legal Topics
Non Refoulement, Torture Claims, Leave to Apply for Judicial Review, Withdrawal of Application
Source Language
EN
Immigration Administrative Law Constitutional Law Human Rights Non Refoulement Torture Claims Leave to Apply for Judicial Review 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 5 Party arguments 2
Sign in to unlock

Parties

Md Arshad Hossen

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Application for Leave to Apply for Judicial Review / Leave Application Withdrawn by Applicant and Dismissed

Legal Issues

  1. 1 Whether leave to apply for judicial review should be granted
  2. 2 Effect of the applicant's withdrawal on the proceedings
  3. 3 Whether the Court should dismiss the application or leave the action at large

Ratio Decidendi

The applicant withdrew the leave application and affirmed there was nothing outstanding; applying the authority in Re Manik Md Mahamudun Nabi the proper disposal was dismissal of the application rather than leaving the action at large, therefore leave to apply for judicial review is dismissed.

Court Disposition

Application for leave to apply for judicial review dismissed.

Orders

  • Leave to apply for Judicial Review be dismissed.