SUMON G M AND OTHERS v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE [Decision on Leave Application]

SUMON G M AND OTHERS v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE [Decision on Leave Application]

The court allowed the withdrawal because the applicants personally confirmed the withdrawal was voluntary, they demonstrated understanding of the consequences including that the Board's dismissal would remain final and that they may be refouled, satisfying the court's requirement to ensure informed consent to...

Source-derived case information.

Citation
[2025] HKCFI 1052
Parties
Applicant: Sumon G M; Applicant: Sultana Irin; Applicant: Sumon Gazi Yusra Ayat Shuhi; 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
18 March 2025
Case Number
HCAL1278/2023
Procedural Posture
Application for Leave to Apply for Judicial Review / Withdrawal Allowed; Leave Application Withdrawn
Outcome
Withdrawal application allowed; leave to apply for judicial review withdrawn.
Legal Topics
Non Refoulement, Torture Claims, Judicial Review Leave, Withdrawal of Proceedings, Finality of Administrative Decisions
Source Language
en
Administrative Law Immigration Law Constitutional Law International Protection Refoulement/torture Non Refoulement Torture Claims Judicial Review Leave +2 more

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Parties

Sumon G M

Applicant

Sultana Irin

Applicant

Sumon Gazi Yusra Ayat Shuhi

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Application for Leave to Apply for Judicial Review / Withdrawal Allowed; Leave Application Withdrawn

Legal Issues

  1. 1 Whether applicants validly withdrew their leave application
  2. 2 Whether court should allow withdrawal given risk of refoulement and finality of administrative decision
  3. 3 Whether applicants understood consequences of withdrawal including refoulement and finality of Board decision

Ratio Decidendi

The court allowed the withdrawal because the applicants personally confirmed the withdrawal was voluntary, they demonstrated understanding of the consequences including that the Board's dismissal would remain final and that they may be refouled, satisfying the court's requirement to ensure informed consent to withdrawal.

Court Disposition

Withdrawal application allowed; leave to apply for judicial review withdrawn.

Orders

  • Application to withdraw the application for leave to apply for Judicial Review (Form 86) be granted.
  • Application for leave to apply for Judicial Review be withdrawn.