PHAM VAN THANH v. THE TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

PHAM VAN THANH v. THE TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

Because the applicant validly withdrew the application and there was nothing outstanding in the action, the correct disposition was to dismiss the application rather than leave the action at large, applying the authority in Manik Md Mahamudun Nabi and Order 53 principles.

Citation
[2026] HKCFI 2566
Parties
Applicant: Pham Van Thanh; Putative Respondent: The Torture Claims Appeal Board; Putative Interested Party: Director of Immigration
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
6 May 2026
Case Number
HCAL2475/2024
Procedural Posture
Application for Leave to Apply for Judicial Review / Leave Application Withdrawn and Dismissed by Court
Outcome
Leave to apply for Judicial Review dismissed.
Legal Topics
Withdrawal of Application, Leave to Apply for Judicial Review, Torture Claims Procedure, Order 53 Procedure
Source Language
EN
Constitutional and Administrative Law Immigration Law Judicial Review Procedural Law Withdrawal of Application Leave to Apply for Judicial Review Torture Claims Procedure Order 53 Procedure

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Parties

Pham Van Thanh

Applicant

The Torture Claims Appeal Board

Putative Respondent

Director of Immigration

Putative Interested Party

Procedural Posture

Application for Leave to Apply for Judicial Review / Leave Application Withdrawn and Dismissed by Court

Legal Issues

  1. 1 Whether an applicant may withdraw an application for leave to apply for judicial review
  2. 2 Whether the appropriate disposition when an applicant validly withdraws is dismissal of the action rather than leaving it at large
  3. 3 Application of Order 53 procedural rules and relevant authority

Ratio Decidendi

Because the applicant validly withdrew the application and there was nothing outstanding in the action, the correct disposition was to dismiss the application rather than leave the action at large, applying the authority in Manik Md Mahamudun Nabi and Order 53 principles.

Court Disposition

Leave to apply for Judicial Review dismissed.

Orders

  • The application for leave to apply for judicial review is dismissed; the court accedes to the applicant's request to withdraw and dismisses the action.