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

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

The application for leave to apply for judicial review was dismissed because the applicant affirmatively sought to withdraw the application and demonstrated no intention to proceed; the court therefore acceded to the withdrawal and dismissed the application.

Source-derived case information.

Citation
[2020] HKCFI 1449
Parties
Applicant: Mehmood Sajid; 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 July 2020
Case Number
HCAL651/2019
Procedural Posture
Application for Leave to Apply for Judicial Review / Application for Leave Dismissed
Outcome
Application for leave to apply for judicial review dismissed.
Legal Topics
Non Refoulement, Torture Claim, Illegal Immigration, Leave to Apply for Judicial Review, Withdrawal/abandonment of Proceedings
Source Language
en
Constitutional Law Administrative Law Immigration Law Judicial Review Non Refoulement Torture Claim Illegal Immigration Leave to Apply for Judicial Review +1 more

Source-derived case record

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Parties

Mehmood Sajid

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 / Application for Leave Dismissed

Legal Issues

  1. 1 Whether leave to apply for judicial review should be granted
  2. 2 Whether the applicant has abandoned or withdrawn the application
  3. 3 Whether the Board's decision dated 21 February 2019 was subject to further challenge given the applicant's intention to return to his country

Ratio Decidendi

The application for leave to apply for judicial review was dismissed because the applicant affirmatively sought to withdraw the application and demonstrated no intention to proceed; the court therefore acceded to the withdrawal and dismissed the application.

Court Disposition

Application for leave to apply for judicial review dismissed.

Orders

  • Application for leave to apply for judicial review dismissed.
  • Applicant's Form 86 amended to have the Torture Claims Appeal Board as proposed respondent and the Director of Immigration as interested party.