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

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

Applicant expressly sought to withdraw the leave application and demonstrated no intention to proceed; accordingly the court acceded to the withdrawal and dismissed the application for leave to apply for judicial review.

Citation
[2020] HKCFI 1579
Parties
Applicant: Subba Santosh; 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
17 July 2020
Case Number
HCAL845/2020
Procedural Posture
Judicial Review Leave Application / Leave Application (dismissed)
Outcome
Application for leave to apply for judicial review dismissed.
Legal Topics
Non Refoulement, Torture Claim, Judicial Review Leave, Illegal Immigration
Source Language
EN
Immigration Administrative Law Constitutional and Administrative Law Non Refoulement Torture Claim Judicial Review Leave Illegal Immigration

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Parties

Subba Santosh

Applicant

Torture Claims Appeal Board/Non-refoulement Claims Petition Office

Putative Respondent

Director of Immigration

Putative Interested Party

Procedural Posture

Judicial Review Leave Application / Leave Application (dismissed)

Legal Issues

  1. 1 Whether leave to apply for judicial review should be granted
  2. 2 Whether the applicant has validly withdrawn or abandoned the application

Ratio Decidendi

Applicant expressly sought to withdraw the leave application and demonstrated no intention to proceed; accordingly the court acceded to the withdrawal and dismissed the application for leave to apply for judicial review.

Court Disposition

Application for leave to apply for judicial review dismissed.

Orders

  • Application for leave to apply for judicial review is dismissed.
  • Applicant's Form 86 is amended to have the Torture Claims Appeal Board as proposed respondent and the Director of Immigration as interested party.