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

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

Because the applicant affirmatively sought to withdraw the leave application and there was nothing outstanding, the correct course was to dismiss the application rather than leave the action at large, following the authority in Re Manik Md Mahamudun Nabi [2022] HKCA 471.

Citation
[2023] HKCFI 3181
Parties
Applicant: Mohammad Akhtar; 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 December 2023
Case Number
HCAL1290/2021
Procedural Posture
Application for Leave to Apply for Judicial Review / Decision on Leave Application — Dismissal
Outcome
Leave to apply for Judicial Review dismissed.
Legal Topics
Non Refoulement, Judicial Review, Leave to Apply for Judicial Review, Withdrawal of Proceedings
Source Language
EN
Constitutional and Administrative Law Immigration Law Procedural Law Non Refoulement Judicial Review Leave to Apply for Judicial Review Withdrawal of Proceedings

Case Brief

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Parties

Mohammad Akhtar

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 — Dismissal

Legal Issues

  1. 1 Whether leave to apply for judicial review should be granted
  2. 2 Whether the application should be dismissed following the applicant's expressed wish to withdraw
  3. 3 Whether the action should be left at large or concluded by dismissal

Ratio Decidendi

Because the applicant affirmatively sought to withdraw the leave application and there was nothing outstanding, the correct course was to dismiss the application rather than leave the action at large, following the authority in Re Manik Md Mahamudun Nabi [2022] HKCA 471.

Court Disposition

Leave to apply for Judicial Review dismissed.

Orders

  • Leave to apply for Judicial Review dismissed.