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

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

Leave to withdraw was granted and the leave application was dismissed because the applicant voluntarily withdrew the application and there was nothing outstanding in the proceedings, consistent with the authority in Re Manik MD Mahamudun Nabi [2022] HKCA 471.

Source-derived case information.

Citation
[2026] HKCFI 2093
Parties
Applicant: Tamang Deepa; 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
14 April 2026
Case Number
HCAL1164/2022
Procedural Posture
Judicial Review Leave Application / Leave Application Withdrawn and Dismissed
Outcome
Leave to withdraw granted; application for leave to apply for judicial review dismissed.
Legal Topics
Non Refoulement, Torture Claims, Judicial Review, Leave to Apply for Judicial Review, Withdrawal of Proceedings
Source Language
en
Constitutional Law Administrative Law Non Refoulement Torture Claims Judicial Review Leave to Apply for Judicial Review Withdrawal of Proceedings

Source-derived case record

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Parties

Tamang Deepa

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Judicial Review Leave Application / Leave Application Withdrawn and Dismissed

Legal Issues

  1. 1 Whether the applicant could withdraw the leave application
  2. 2 Whether withdrawal should result in dismissal where nothing outstanding
  3. 3 Procedural obligations following grant of leave

Ratio Decidendi

Leave to withdraw was granted and the leave application was dismissed because the applicant voluntarily withdrew the application and there was nothing outstanding in the proceedings, consistent with the authority in Re Manik MD Mahamudun Nabi [2022] HKCA 471.

Court Disposition

Leave to withdraw granted; application for leave to apply for judicial review dismissed.

Orders

  • Leave to withdraw the application for leave to apply for judicial review be granted.
  • The application for leave to apply for Judicial Review be dismissed.