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

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

Because the applicant expressly withdrew his application for leave, the court dismissed the leave application, applying the Court of Appeal authority Re Manik Md Mahamudun Nabi [2022] HKCA 471 that dismissal is appropriate where the applicant withdraws.

Citation
[2022] HKCFI 3554
Parties
Applicant: Mohammed Faheem; 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
7 December 2022
Case Number
HCAL2226/2020
Procedural Posture
Judicial Review Leave Application / Leave Application Dismissed Following Applicant's Withdrawal
Outcome
Leave to apply for judicial review dismissed.
Legal Topics
Non Refoulement, Torture Claim, Illegal Immigration, Judicial Review, Leave to Apply for Judicial Review
Source Language
EN
Immigration Administrative Law Constitutional Law Non Refoulement Torture Claim Illegal Immigration Judicial Review Leave to Apply for Judicial Review

Case Brief

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Parties

Mohammed Faheem

Applicant

Torture Claims Appeal Board/Non-refoulement Claims Petition Office

Putative Respondent

Director of Immigration

Putative Interested Party

Procedural Posture

Judicial Review Leave Application / Leave Application Dismissed Following Applicant's Withdrawal

Legal Issues

  1. 1 Whether leave to apply for judicial review should be granted of the Board's decision dismissing a non-refoulement/torture claim
  2. 2 Whether the court should dismiss the leave application when the applicant applies to withdraw
  3. 3 Whether the applicant's status as an illegal immigrant affects the proceedings

Ratio Decidendi

Because the applicant expressly withdrew his application for leave, the court dismissed the leave application, applying the Court of Appeal authority Re Manik Md Mahamudun Nabi [2022] HKCA 471 that dismissal is appropriate where the applicant withdraws.

Court Disposition

Leave to apply for judicial review dismissed.

Orders

  • Leave to apply for Judicial Review dismissed.