WARSONO DWI SETYO v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE [Decision on Leave Application]

The application for leave to apply for judicial review was dismissed because the applicant voluntarily withdrew the application and there was nothing outstanding in the action, and dismissal was the correct disposal under the binding authority Re Manik Md Mahamudun Nabi [2022] HKCA 471.

Source-derived case information.

Citation: [2024] HKCFI 1600
Parties: Applicant: Warsono Dwi Setyo; 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: 2 July 2024
Case Number: HCAL2158/2023
Procedural Posture: Application for Leave to Apply for Judicial Review / Decision on Application Following Consideration of Documents; Leave Application Dismissed
Outcome: Application dismissed
Legal Topics: Non Refoulement, Leave to Apply for Judicial Review, Dismissal, Withdrawal by Applicant
Source Language: en

Immigration Constitutional and Administrative Law Judicial Review Non Refoulement Leave to Apply for Judicial Review Dismissal Withdrawal by Applicant

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

Warsono Dwi Setyo

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 / Decision on Application Following Consideration of Documents; Leave Application Dismissed

Legal Issues

1 Whether the court should dismiss an application for leave to apply for judicial review after the applicant voluntarily withdraws the application
2 Whether anything remained outstanding in the action requiring the court to keep the matter alive
3 Application of precedent on disposal when applicant withdraws

Ratio Decidendi

Court Disposition

Application dismissed

Orders

Leave to apply for judicial review dismissed.

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