NGUYEN VAN THANH v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE [Decision on Leave Application]
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HCAL 1831/2024
[2025] HKCFI 4444
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF FIRST INSTANCE
CONSTITUTIONAL AND ADMINISTRATIVE LAW LIST No. 1831 of 2024
| BETWEEN | ||
| Nguyen Van Thanh | Applicant | |
| and | ||
| Torture Claims Appeal Board/ Non-refoulement Claims Petition Office | Putative Respondent | |
| and | ||
| Director of Immigration | Putative Interested Party |
Application for Leave to Apply for Judicial Review
NOTIFICATION of the Judge’s decision (Ord. 53 r. 3)
Following;
consideration of documents only; or consideration of documents and Applicant being absent in open court;
Order by Deputy High Court Judge K.W. Lung:
Leave to apply for Judicial Review be dismissed.
Observations for the Applicant:
1. The applicant applies for withdrawal of the application for judicial review of the Board’s Decision. As such, the applicant’s application is devoid of merit.
2. There being no evidence that the application is made other than out of the applicant’s free will; and there being no outstanding matter in this action, the Court accedes to the applicant’s request and dismisses the application accordingly[1].
Dated the 26th day of September 2025
| (Klein Tse) for Registrar, High Court |
Where leave to apply has been granted, Applicants and their legal advisers are reminded of their obligation to reconsider the merits of their application in the light of the Respondent’s evidence
| Notesfor the Applicant: If leave has been granted, the Applicant or the Applicant’s solicitors must: | ||||
| a) serve on the respondent and such interested parties as may be directed by the Court the order granting leave and any directions given within 14 days after the leave was granted (Order 53, rule 4A); b) issue the originating summons within 14 days after the grant of leave and serve it in accordance with Order 53, rule 5; and c) supply to every other party copies of every affidavit which the Applicant proposes to use at the hearing, including the affidavit in support of the application for leave (Order 53, rule 6(5)). | Sent to the Applicant on 26/9/2025 Nguyen Van Thanh Applicant’s ref. no: Nil. | Sent to the Putative Respondent / the Putative Respondent’s solicitors / such Putative Interested Parties as may be directed by the Court / the Putative Interested Parties’ solicitors on 26/9/2025 Torture Claims Appeal Board/Non-refoulement Claims Petition Office Putative Respondent’s ref. no.: USM 23853 Director of Immigration Putative Interested Party’s ref. no.: RBCL/644/24 Department of Justice, Senior Assistant Law Officer (Civil Law) (Civil Litigation Unit 2) |
Form CALL-1
[1]Re Manik Md Mahamudun Nabi[2022] HKCA 471 at §19:
“(1) The applicant on his own motion applied to the Court to withdraw his application for leave to apply for judicial review. The Judge acceded to his application, whereupon there was nothing outstanding in the action. The Judge was correct to conclude the action by ordering a dismissal of the application instead of leaving the action at large.”