Hong Kong Case Law: Decisions & Judgments

Topic

Procedural obligations

Legal area

Court

2 Mar 2026

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

Citation

[2026] HKCFI 1224
Court

Court of First Instance
Case number

HCAL574/2022

The applicant validly and voluntarily elected to withdraw the leave application at the hearing; the court properly acceded to that voluntary withdrawal and dismissed the leave application without adjudicating the merits to conclude the proceedings and avoid leaving the action at large (applying Re Manik).
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.
23 Jan 2026

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

Citation

[2026] HKCFI 551
Court

Court of First Instance
Case number

HCAL30/2022

The court accepted the applicant's voluntary withdrawal and, without adjudicating the merits of the underlying decision, granted leave to withdraw and dismissed the leave application to prevent the action being left at large (following Re Manik MD Mahamudun Nabi [2022] HKCA 471).
15 May 2025

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

Citation

[2025] HKCFI 1970
Court

Court of First Instance
Case number

HCAL398/2022

The court allowed the withdrawal because the applicant's sworn affirmation established that the withdrawal was voluntary, and that she understood the consequences including that the Board's decision would remain final and that she might be refouled; on that basis withdrawal of the leave application was permitted.
5 Nov 2024

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

Citation

[2024] HKCFI 2909
Court

Court of First Instance
Case number

HCAL577/2020

Because the applicant voluntarily withdrew the leave application and there was nothing outstanding in the action, the court properly dismissed the application rather than leaving the action at large.
15 Oct 2024

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

Citation

[2024] HKCFI 2584
Court

Court of First Instance
Case number

HCAL2093/2020

Where an applicant validly withdraws an application for leave to apply for judicial review and there are no outstanding matters, the proper order is dismissal of the application rather than leaving the action at large.

Hong Kong Case Law

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

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

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

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

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

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