Hong Kong Case Law: Decisions & Judgments

Topic

Appeal from administrative decision

Legal area

Court

15 Aug 2024

DHARMINDER PAL SINGH v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE [Decision on Leave Application]

Citation

[2024] HKCFI 1942
Court

Court of First Instance
Case number

HCAL255/2020

The leave application was dismissed because the applicant voluntarily withdrew the application, there was no evidence of improper compulsion, and nothing remained outstanding in the action; the court followed the authority in Re Manik Md Mahamudun Nabi to conclude by dismissal rather than leaving the action at large.
13 Aug 2024

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

Citation

[2024] HKCFI 1924
Court

Court of First Instance
Case number

HCAL1035/2022

The application for leave to apply for judicial review is dismissed because the applicant voluntarily withdrew the application and there was nothing outstanding in the action, and dismissal (not leaving the matter at large) is the appropriate judicial response as established in Re Manik Md Mahamudun Nabi [2022] HKCA 471.
7 May 2024

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

Citation

[2024] HKCFI 1129
Court

Court of First Instance
Case number

HCAL40/2020

Because the applicant on his own motion applied to withdraw his application for leave and there was nothing outstanding in the action, the Judge correctly dismissed the application rather than leaving the action at large, following Re Manik Md Mahamudun Nabi [2022] HKCA 471.
9 Jan 2024

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

Citation

[2024] HKCFI 25
Court

Court of First Instance
Case number

HCAL376/2021

Because the applicant voluntarily withdrew the leave application and there was nothing outstanding in the action, the court dismissed the application in accordance with the Court of Appeal authority that dismissal is the correct disposition in such circumstances.
26 Sept 2023

RANA F M SOHEL v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE [Decision on Leave Application]

Citation

[2023] HKCFI 2411
Court

Court of First Instance
Case number

HCAL1219/2020

The application was dismissed because the applicant on his own motion sought to withdraw the application and there was nothing outstanding in the action; under the authority of Re Manik the correct order is dismissal rather than leaving the action at large.
13 Jul 2023

TRAN ANH KHOI v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE [Decision on Leave Application]

Citation

[2023] HKCFI 1751
Court

Court of First Instance
Case number

HCAL1188/2022

The application for leave was dismissed because the applicant had validly applied to withdraw the application and there was nothing outstanding in the action, and the authority in Re Manik supported dismissal rather than leaving the action at large.
8 Jun 2023

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

Citation

[2023] HKCFI 1477
Court

Court of First Instance
Case number

HCAL1298/2020

The leave application was dismissed because the applicant expressly requested withdrawal and was deported; following Re Manik Md Mahamudun Nabi the correct disposition on withdrawal is dismissal rather than leaving the action at large.
3 Aug 2020

DOLTEO MERVIC DENSEN v. TORTURE CLAIMS APPEAL BOARD/NON-REFOULEMENT CLAIMS PETITION OFFICE [Decision on Leave Application]

Citation

[2020] HKCFI 1827
Court

Court of First Instance
Case number

HCAL1312/2019

The applicant expressly applied to withdraw the leave application and declared an intention to return to her country, demonstrating no intention to prosecute the application; consequently the court dismissed the application for leave as abandoned.