Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Appeal from non-refoulement decision

Legal area

Court

25 Jul 2023

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

Citation

[2023] HKCFI 1874
Court

Court of First Instance
Case number

HCAL988/2022

Because the applicant affirmatively withdrew the application for leave and expressly stated there was nothing outstanding, the proper disposition was to dismiss the leave application, in accordance with Re Manik Md Mahamudun Nabi [2022] HKCA 471.
6 Dec 2022

NGUYEN THI LO v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE [Decision on Leave Application]

Citation

[2022] HKCFI 3559
Court

Court of First Instance
Case number

HCAL781/2022

Leave to apply for judicial review was dismissed because the applicant effectively withdrew the application (having affirmed she wished to be repatriated) and, applying Re Manik, the proper disposal where there is nothing outstanding is dismissal rather than leaving the action at large.