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

NIRVAIL SINGH 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 expressly applied to withdraw and demonstrated no intention to proceed, and the Court acceded to that request.

Citation
[2020] HKCFI 698
Parties
Applicant: Nirvail Singh; 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 May 2020
Case Number
HCAL944/2019
Procedural Posture
Application for Leave to Apply for Judicial Review / Leave Application Filed (form 86); Applicant Applied to Withdraw; Application Dismissed
Outcome
Application for leave to apply for judicial review dismissed.
Legal Topics
Judicial Review, Non Refoulement, Torture Claim, Leave to Apply, Procedural Dismissal
Source Language
EN
Administrative Law Immigration Law Constitutional Law Human Rights Law Judicial Review Non Refoulement Torture Claim Leave to Apply +1 more

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Parties

Nirvail Singh

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 Filed (form 86); Applicant Applied to Withdraw; Application Dismissed

Legal Issues

  1. 1 Whether leave to apply for judicial review should be pursued or may be dismissed on the applicant's withdrawal
  2. 2 Whether the applicant abandoned the application by requesting dismissal
  3. 3 Procedural obligations if leave had been granted

Ratio Decidendi

The application for leave to apply for judicial review was dismissed because the applicant expressly applied to withdraw and demonstrated no intention to proceed, and the Court acceded to that request.

Court Disposition

Application for leave to apply for judicial review dismissed.

Orders

  • Dismissal of the application for leave to apply for judicial review.