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

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

Applicant failed to comply with the court's directions to confirm that the withdrawal was voluntary and that she understood the consequences; given the absence of an informed voluntary withdrawal and the applicant's failure to prosecute, the court refused the withdrawal and dismissed the leave application for want of prosecution.

Citation
[2023] HKCFI 1164
Parties
Applicant: Rai Romy; 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 May 2023
Case Number
HCAL1189/2020
Procedural Posture
Application for Leave to Apply for Judicial Review of Torture Claims Appeal Board/director of Immigration Decisions and Separate Application to Withdraw That Leave Application / Determination on Paper Following Directions; Decision on Leave and Withdrawal Applications (final)
Outcome
Applicant's withdrawal application refused; leave to apply for judicial review dismissed for want of prosecution
Legal Topics
Non Refoulement, Torture Risk, Leave to Apply for Judicial Review, Withdrawal of Proceedings, Dismissal for Want of Prosecution
Source Language
EN
Constitutional Law Administrative Law Immigration Law Human Rights Law Refugee Law Non Refoulement Torture Risk Leave to Apply for Judicial Review +2 more

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Parties

Rai Romy

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 of Torture Claims Appeal Board/director of Immigration Decisions and Separate Application to Withdraw That Leave Application / Determination on Paper Following Directions; Decision on Leave and Withdrawal Applications (final)

Legal Issues

  1. 1 Whether the applicant's withdrawal of the leave application was voluntary and informed
  2. 2 Whether the court should allow withdrawal given potential risk to applicant if returned
  3. 3 Whether the leave application should be dismissed for want of prosecution due to failure to comply with directions

Ratio Decidendi

Applicant failed to comply with the court's directions to confirm that the withdrawal was voluntary and that she understood the consequences; given the absence of an informed voluntary withdrawal and the applicant's failure to prosecute, the court refused the withdrawal and dismissed the leave application for want of prosecution.

Court Disposition

Applicant's withdrawal application refused; leave to apply for judicial review dismissed for want of prosecution

Orders

  • Applicant's withdrawal application refused
  • Leave to apply for judicial review (HCAL 1189/2020) dismissed for want of prosecution