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

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

Leave to apply for judicial review was dismissed because the applicant had been removed from Hong Kong and under section 37ZF his torture/non-refoulement claim is deemed withdrawn, rendering any grant of relief purposeless; additionally the applicant failed to advance specific grounds to challenge the Board's decision.

Citation
[2024] HKCFI 3105
Parties
Applicant: Ali Askor; Putative Respondent: Torture Claims Appeal Board/Non-refoulement Claims Petition Office; Putative Interested Party: Director of Immigration
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
19 November 2024
Case Number
HCAL1378/2020
Procedural Posture
Application for Leave to Apply for Judicial Review / Decision on Leave Application (dismissed)
Outcome
Application dismissed
Legal Topics
Non Refoulement, Torture Claim, Deemed Withdrawal of Claim on Departure, Leave to Apply for Judicial Review, Finality of Administrative Decision, Mootness/ostensible Practical Purposelessness
Source Language
EN
Constitutional and Administrative Law Immigration Human Rights Judicial Review Non Refoulement Torture Claim Deemed Withdrawal of Claim on Departure Leave to Apply for Judicial Review +2 more

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Parties

Ali Askor

Applicant

Torture Claims Appeal Board/Non-refoulement Claims Petition Office

Putative Respondent

Director of Immigration

Putative Interested Party

Procedural Posture

Application for Leave to Apply for Judicial Review / Decision on Leave Application (dismissed)

Legal Issues

  1. 1 Whether leave to apply for judicial review should be granted
  2. 2 Whether the applicant's torture/non-refoulement claim was deemed withdrawn under section 37ZF by his departure from Hong Kong
  3. 3 Whether the court should refuse relief because granting it would serve no practical purpose (otiosity/mootness)

Ratio Decidendi

Leave to apply for judicial review was dismissed because the applicant had been removed from Hong Kong and under section 37ZF his torture/non-refoulement claim is deemed withdrawn, rendering any grant of relief purposeless; additionally the applicant failed to advance specific grounds to challenge the Board's decision.

Court Disposition

Application dismissed

Orders

  • Leave to apply for judicial review dismissed.
  • A copy of Form CALL-1 and the sealed order to be sent to the Director of Immigration with a request that he use his best endeavours to forward them to the applicant.