Hong Kong Case Law: Decisions & Judgments

Topic

Procedural withdrawal

Legal area

Court

13 Dec 2023

DONG THI THU HIEN v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE [Decision on Leave Application]

Citation

[2023] HKCFI 3180
Court

Court of First Instance
Case number

HCAL869/2020

Where an applicant on his or her own motion withdraws an application for leave to apply for judicial review and nothing remains outstanding in the action, the proper order is to dismiss the application rather than leave the action at large; accordingly the application for leave was dismissed.
28 Nov 2022

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

Citation

[2022] HKCFI 3529
Court

Court of First Instance
Case number

HCAL1440/2020

Because the applicant on his own motion withdrew his application and there was nothing outstanding, the judge correctly disposed of the matter by dismissing the application rather than leaving the action at large, in accordance with Re Manik Md Mahamudun Nabi [2022] HKCA 471 at 19.
14 Nov 2022

SUKHBIR SINGH v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE

Citation

[2022] HKCA 1566
Court

Court of Appeal
Case number

CACV225/2022

Leave to apply for judicial review was refused because the applicant had effectively withdrawn the application by filing an affirmation, he did not plead any reasonably arguable grounds of judicial review in Form 86, his late allegation of impersonation was rejected, and there was no demonstration of error of law, procedural unfairness or irrationality in the Board's decision.
22 Jun 2022

SAYEAD ABU v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE AND ANOTHER [Decision on Leave Application]

Citation

[2022] HKCFI 1861
Court

Court of First Instance
Case number

HCAL2426/2020

The application for leave to apply for judicial review was dismissed because the Director's Notice was superseded by the Board's decision and was not susceptible to judicial review in light of the statutory appeal under section 37ZR which the applicant had invoked; accordingly the leave application lacked any prospect of success and was dismissed on the merits.
23 Dec 2020

NGUYEN VAN LANH v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

Citation

[2020] HKCFI 3144
Court

Court of First Instance
Case number

HCAL151/2020

The leave application was dismissed because the applicant withdrew and confirmed that the factual basis of his non‑refoulement claim no longer exists, and the appropriate disposition is dismissal rather than allowing a withdrawn leave application to proceed; this disposition is consistent with the Director's and Board's prior findings that there were no substantial grounds for believing a real risk on return.

Hong Kong Case Law

DONG THI THU HIEN v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE [Decision on Leave Application]

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

SUKHBIR SINGH v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE

SAYEAD ABU v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE AND ANOTHER [Decision on Leave Application]

NGUYEN VAN LANH v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]