4 Nov 2025
Where an applicant voluntarily withdraws a leave application and there is nothing outstanding in the action, the correct order is to dismiss the application rather than leave the action at large.
15 Apr 2025
The court allowed the withdrawal because it was satisfied the applicants had freely and voluntarily applied to withdraw, understood that the Board's decision would remain in force and could result in refoulement, and affirmed their wish to return; on that basis the leave application was withdrawn.
15 Oct 2024
Time to apply for leave to apply for judicial review is extended; the Director's letter refusing to re‑open is not susceptible to judicial review at present because the appeal remains within the Board's jurisdiction; the Board erred as a matter of law in treating its view that its decision was "final" as precluding investigation into whether the applicant was misled into withdrawing her appeal — the Board must be directed to investigate voluntariness and, if appropriate, re‑open the appeal or report back to the Court with its findings.
15 Dec 2023
The application for leave to appeal was dismissed because the applicant's contention that he was misled into withdrawing his appeal was a new, fact-sensitive allegation that had not been raised with a factual foundation in earlier proceedings; therefore the Court of Appeal was correct to refuse to entertain it and there was no reasonably arguable ground for leave.
4 May 2023
The Court refused the Applicant's withdrawal application because he failed to demonstrate that the withdrawal was made voluntarily and that he understood its consequences, and the Applicant failed to comply with directions to provide an affirmation; having regard to the Applicant's lack of intention to prosecute and failure to respond, the Court dismissed the leave application for want of prosecution.