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

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

The leave application was dismissed because the applicant expressly applied to stop his judicial review and made plain he had no intention of proceeding, and the court acceded to that request.

Citation
[2021] HKCFI 857
Parties
Applicant: Singh Navaldeep; 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
7 April 2021
Case Number
HCAL1081/2020
Procedural Posture
Judicial Review Leave Application / Decision on Leave Application (dismissal)
Outcome
Leave to apply for judicial review dismissed
Legal Topics
Non Refoulement, Torture Claim, Judicial Review, Leave to Apply for Judicial Review, Voluntary Discontinuance
Source Language
EN
Constitutional and Administrative Law Immigration Law Human Rights Law Non Refoulement Torture Claim Judicial Review Leave to Apply for Judicial Review Voluntary Discontinuance

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Parties

Singh Navaldeep

Applicant

Torture Claims Appeal Board/Non-refoulement Claims Petition Office

Putative Respondent

Director of Immigration

Putative Interested Party

Procedural Posture

Judicial Review Leave Application / Decision on Leave Application (dismissal)

Legal Issues

  1. 1 Whether the applicant intends to proceed with the judicial review application
  2. 2 Whether the court should dismiss the leave application where the applicant has applied to stop it and expressed a wish to return to his country
  3. 3 Whether the court should accede to the applicant's request to discontinue proceedings

Ratio Decidendi

The leave application was dismissed because the applicant expressly applied to stop his judicial review and made plain he had no intention of proceeding, and the court acceded to that request.

Court Disposition

Leave to apply for judicial review dismissed

Orders

  • Leave to apply for Judicial Review be dismissed.