Hong Kong Case Law: Decisions & Judgments

Topic

Dismissal

Legal area

Court

13 May 2026

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

Citation

[2026] HKCFI 2552
Court

Court of First Instance
Case number

HCAL1327/2023

The application for leave to apply for judicial review was dismissed because the applicant voluntarily withdrew the application, there was no evidence of coercion and no outstanding matter in the action, making dismissal appropriate and consistent with Re Manik Md Mahamudun Nabi [2022] HKCA 471.
6 May 2026

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

Citation

[2026] HKCFI 2572
Court

Court of First Instance
Case number

HCAL689/2024

The leave application was dismissed because the applicant validly applied to withdraw the application, there was no evidence the withdrawal was not voluntary, and there were no outstanding matters; precedent supports dismissal of the action in such circumstances rather than leaving it at large.
22 Apr 2026

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

Citation

[2026] HKCFI 2177
Court

Court of First Instance
Case number

HCAL2239/2024

Because the applicant voluntarily withdrew the application for leave, there was no evidence the withdrawal was not voluntary and no outstanding matter in the action, the court correctly acceded to the withdrawal and dismissed the application rather than leaving the action at large, applying the authority in Manik Md Mahamudun Nabi [2022] HKCA 471 and Order 53 rules.
15 Apr 2026

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

Citation

[2026] HKCFI 2049
Court

Court of First Instance
Case number

HCAL95/2023

The court dismissed the application because the applicant validly withdrew the application for leave, there was no evidence the withdrawal was not voluntary, and there were no outstanding matters; dismissal was appropriate rather than leaving the action at large, consistent with authority in Manik Md Mahamudun Nabi.
3 Mar 2026

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

Citation

[2026] HKCFI 1301
Court

Court of First Instance
Case number

HCAL828/2023

Because the applicant voluntarily withdrew the application for leave and there were no outstanding matters, the correct disposition was to dismiss the application and vacate the hearing.
2 Mar 2026

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

Citation

[2026] HKCFI 1225
Court

Court of First Instance
Case number

HCAL768/2022

The court accepted the applicant's unequivocal, voluntary decision to withdraw the leave application and therefore granted leave to withdraw and dismissed the leave application without considering its merits.
25 Feb 2026

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

Citation

[2026] HKCFI 822
Court

Court of First Instance
Case number

HCAL336/2024

The Court dismissed the application for leave because the applicant voluntarily withdrew her application, there was no evidence of coercion, and there was no outstanding matter in the action; accordingly the Court acceded to the withdrawal and ordered dismissal, following the precedent that dismissal is appropriate where an applicant withdraws and nothing remains outstanding.
25 Feb 2026

AHMED MOHAMED ALI HASSAN AMER v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE [Decision on Leave Application]

Citation

[2026] HKCFI 843
Court

Court of First Instance
Case number

HCAL387/2025

Leave to apply for judicial review was refused and the application dismissed because the applicant elected to withdraw the application, there was no evidence the withdrawal was not voluntary, and there were no outstanding matters in the action.
29 Jan 2026

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

Citation

[2026] HKCFI 82
Court

Court of First Instance
Case number

HCAL1446/2020

The applicant's unequivocal and voluntary request to withdraw the leave application was accepted and, to prevent the action being left at large, the court dismissed the application rather than adjudicating the merits; Form 86 was amended to identify correctly the Putative Respondent and Putative Interested Party.
28 Jan 2026

MANPREET SINGH v. THE TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

Citation

[2026] HKCFI 524
Court

Court of First Instance
Case number

HCAL2071/2020

The applicant unequivocally withdrew the application for leave and there was no evidence of compulsion or any outstanding matter; accordingly the appropriate disposition was dismissal of the application rather than leaving the action at large.