Hong Kong Case Law: Decisions & Judgments

Topic

Dismissal on withdrawal

Legal area

Court

17 Oct 2025

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

Citation

[2025] HKCFI 4929
Court

Court of First Instance
Case number

HCAL904/2025

Because the applicant validly applied to withdraw his application for leave and there was no outstanding matter, the court dismissed the application for leave to apply for judicial review, following the authority that dismissal is the correct procedural outcome when an applicant withdraws and nothing remains to be resolved.
26 Sept 2025

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

Citation

[2025] HKCFI 4443
Court

Court of First Instance
Case number

HCAL229/2023

The applicant withdrew the application for leave and there was no evidence the withdrawal was not voluntary; consistent with authority the appropriate disposition is dismissal of the application rather than leaving the action at large, so leave to apply for judicial review is dismissed.
12 Aug 2025

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

Citation

[2025] HKCFI 3093
Court

Court of First Instance
Case number

HCAL2262/2023

The applicant voluntarily withdrew the leave application and there were no outstanding matters; therefore the court properly acceded to the withdrawal and dismissed the application, consistent with appellate authority that dismissal is appropriate where the action has been brought to an end.
15 Oct 2024

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

Citation

[2024] HKCFI 2658
Court

Court of First Instance
Case number

HCAL1174/2023

The Court accepted the applicant's voluntary withdrawal and, because there was no evidence the withdrawal was anything other than voluntary and there were no outstanding matters, the correct disposition was to dismiss the application rather than leave the action at large.
21 May 2024

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

Citation

[2024] HKCFI 1266
Court

Court of First Instance
Case number

HCAL309/2021

Because the applicant elected to withdraw the leave application and there was nothing outstanding in the action, the court applied the Re Manik precedent and dismissed the application 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.
11 May 2023

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

Citation

[2023] HKCFI 1216
Court

Court of First Instance
Case number

HCAL1410/2019

The applicant expressly withdrew his application for leave; applying the Court of Appeal precedent in Re Manik Md Mahamudun Nabi [2022] HKCA 471 the proper order upon such withdrawal is dismissal of the application, and the court dismissed the leave application accordingly.
26 Sept 2022

MAKOTA ABDULMALIK KAROS v. TORTURE CLAIMS APPEAL BOARD/ NON REFOULEMENT CLAIMS PETITION OFFICE [Decision on Leave Application]

Citation

[2022] HKCFI 2837
Court

Court of First Instance
Case number

HCAL1367/2019

Because the applicant applied to withdraw his leave application and there was nothing outstanding, the judge correctly ordered dismissal in accordance with Re Manik Md Mahamudun Nabi; therefore the application is dismissed.
6 Sept 2022

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

Citation

[2022] HKCFI 2696
Court

Court of First Instance
Case number

HCAL1678/2020

Because the applicant applied to withdraw the application and there was nothing outstanding, the correct procedural disposition was to dismiss the application; accordingly the application for leave to apply for judicial review is dismissed.
12 Mar 2021

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

Citation

[2021] HKCFI 611
Court

Court of First Instance
Case number

HCAL670/2019

The court dismissed the leave application because the applicant affirmatively sought withdrawal and demonstrated no intention to proceed, rendering the leave application untenable.