PHAM THI LE v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE [Decision on Leave Application]

PHAM THI LE v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE [Decision on Leave Application]

The applicant expressly withdrew the application and there was nothing outstanding in the action; applying Re Manik Md Mahamudun Nabi the correct disposal was dismissal of the application rather than leaving the action at large.

Citation
[2023] HKCFI 3191
Parties
Applicant: Pham Thi Le; 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
18 December 2023
Case Number
HCAL2218/2020
Procedural Posture
Judicial Review Leave Application / Leave Application Dismissed
Outcome
Application for leave to apply for judicial review dismissed.
Legal Topics
Non Refoulement, Torture Claim, Withdrawal of Application, Leave to Apply for Judicial Review
Source Language
EN
Constitutional and Administrative Law Immigration Law Judicial Review Non Refoulement Torture Claim Withdrawal of Application Leave to Apply for Judicial Review

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Parties

Pham Thi Le

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

Legal Issues

  1. 1 Whether leave to apply for judicial review should be granted
  2. 2 Effect of applicant's withdrawal of the application
  3. 3 Proper disposition where nothing remains outstanding in the action

Ratio Decidendi

The applicant expressly withdrew the application and there was nothing outstanding in the action; applying Re Manik Md Mahamudun Nabi the correct disposal was dismissal of the application rather than leaving the action at large.

Court Disposition

Application for leave to apply for judicial review dismissed.

Orders

  • Leave to apply for judicial review dismissed.