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

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

The court allowed the withdrawal because the applicant's unchallenged affirmation demonstrated the withdrawal was voluntary and informed, and the applicant understood that the Board's decision would remain final and that he might be refouled; on that basis the court granted the application to withdraw and permitted...

Source-derived case information.

Citation
[2025] HKCFI 2442
Parties
Applicant: Pham Van Tan; 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
12 June 2025
Case Number
HCAL597/2024
Procedural Posture
Application for Leave to Apply for Judicial Review / Withdrawal of Leave Application
Outcome
Application to withdraw granted; leave to apply for judicial review withdrawn.
Legal Topics
Non Refoulement, Torture Claims, Judicial Review, Leave to Apply, Withdrawal of Application
Source Language
en
Administrative Law Constitutional Law Immigration Law Human Rights Law Non Refoulement Torture Claims Judicial Review Leave to Apply +1 more

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Parties

Pham Van Tan

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 / Withdrawal of Leave Application

Legal Issues

  1. 1 Whether the applicant's request to withdraw the leave application was voluntary and informed
  2. 2 Whether the court should permit withdrawal of leave to apply for judicial review
  3. 3 Consequences of withdrawal including finality of the Board's decision and risk of refoulement

Ratio Decidendi

The court allowed the withdrawal because the applicant's unchallenged affirmation demonstrated the withdrawal was voluntary and informed, and the applicant understood that the Board's decision would remain final and that he might be refouled; on that basis the court granted the application to withdraw and permitted withdrawal of the leave application.

Court Disposition

Application to withdraw granted; leave to apply for judicial review withdrawn.

Orders

  • Application to withdraw the application for leave to apply for Judicial Review (Form 86) granted
  • Application for leave to apply for Judicial Review withdrawn