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

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

Because the applicant voluntarily withdrew the application and there was nothing outstanding in the action, the correct order was to dismiss the application rather than leave the action at large, applying Re Manik Md Mahamudun Nabi [2022] HKCA 471.

Citation
[2024] HKCFI 1598
Parties
Applicant: Phan Thi Vien; 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
2 July 2024
Case Number
HCAL1400/2023
Procedural Posture
Application for Leave to Apply for Judicial Review / Determination on Leave (dismissed)
Outcome
Leave to apply for judicial review dismissed.
Legal Topics
Non Refoulement, Overstaying/illegal Immigration, Leave to Apply for Judicial Review, Withdrawal of Application
Source Language
EN
Immigration Law Constitutional and Administrative Law Judicial Review Non Refoulement Overstaying/illegal Immigration Leave to Apply for Judicial Review Withdrawal of Application

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Parties

Phan Thi Vien

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 / Determination on Leave (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 Whether anything remained outstanding in the action

Ratio Decidendi

Because the applicant voluntarily withdrew the application and there was nothing outstanding in the action, the correct order was to dismiss the application rather than leave the action at large, applying Re Manik Md Mahamudun Nabi [2022] HKCA 471.

Court Disposition

Leave to apply for judicial review dismissed.

Orders

  • Leave to apply for judicial review dismissed.