RAMLI AHMAD v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE [Decision on Leave Application]
Because the applicant on his own motion applied to withdraw the leave application and there was nothing outstanding in the action, the proper disposal was to dismiss the application for leave to apply for judicial review, consistent with Re Manik Md Mahamudun Nabi [2022] HKCA 471.
Source-derived case information.
- Citation
- [2024] HKCFI 1036
- Parties
- Applicant: Ramli Ahmad; 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
- 23 April 2024
- Case Number
- HCAL1283/2021
- Procedural Posture
- Application for Leave to Apply for Judicial Review / Decision on Leave Application — Dismissal
- Outcome
- Application for leave to apply for judicial review dismissed.
- Legal Topics
- Non Refoulement, Judicial Review, Leave to Apply for Judicial Review, Withdrawal of Application, Torture Claim Appeal
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Ramli Ahmad
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 / Decision on Leave Application — Dismissal
Legal Issues
- 1 Whether leave to apply for judicial review should be granted
- 2 Effect of applicant's withdrawal of the leave application on the proceedings
- 3 Whether the appropriate disposition is dismissal when nothing remains outstanding
Ratio Decidendi
Because the applicant on his own motion applied to withdraw the leave application and there was nothing outstanding in the action, the proper disposal was to dismiss the application for leave to apply for judicial review, consistent with Re Manik Md Mahamudun Nabi [2022] HKCA 471.
Court Disposition
Application for leave to apply for judicial review dismissed.
Orders
- Leave to apply for judicial review be dismissed.
Full Case Text
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