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

When an applicant applies to withdraw an application for leave to apply for judicial review, the correct procedural response is to dismiss the application rather than leave the action at large, applying [2022] HKCA 471 at 19.

Source-derived case information.

Citation: [2025] HKCFI 1896
Parties: Applicant: Riaz Muhammad; 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: 3 June 2025
Case Number: HCAL1690/2023
Procedural Posture: Application for Leave to Apply for Judicial Review / Leave Application — Decision on Documents; Dismissal
Outcome: Leave to apply for Judicial Review dismissed.
Legal Topics: Withdrawal of Application, Leave to Apply for Judicial Review, Procedural Compliance, Dismissal
Source Language: en

Constitutional and Administrative Law Immigration Judicial Review Non Refoulement Withdrawal of Application Leave to Apply for Judicial Review Procedural Compliance Dismissal

Source-derived case record

Summary, issues, holding and outcome

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Full judgment text Downloadable case file Legal principles 2 Authorities cited 5 Party arguments 2

Parties

Riaz Muhammad

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 / Leave Application — Decision on Documents; Dismissal

Legal Issues

1 Whether leave to apply for judicial review should be granted
2 Whether an applicant's withdrawal of an application for leave requires dismissal of the proceedings
3 Procedural obligations following grant of leave under Order 53

Ratio Decidendi

Court Disposition

Leave to apply for Judicial Review dismissed.

Orders

Leave to apply for Judicial Review be dismissed.

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