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

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

Because the applicant had been removed from Hong Kong and section 37ZF deems a torture/non-refoulement claim withdrawn upon departure, and because granting relief would be otiose, the court dismissed the application for leave to apply for judicial review.

Source-derived case information.

Citation
[2025] HKCFI 4124
Parties
Applicant: Amrinder Singh; 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
8 October 2025
Case Number
HCAL1381/2018
Procedural Posture
Judicial Review Leave to Apply / Leave Application Dismissed
Outcome
Leave to apply for judicial review dismissed
Legal Topics
Non Refoulement, Torture Claim, Deemed Withdrawal on Claimant's Departure (s37 Zf), Judicial Review Mootness/otiosity
Source Language
en
Constitutional and Administrative Law Immigration Law Human Rights Law Non Refoulement Torture Claim Deemed Withdrawal on Claimant's Departure (s37 Zf) Judicial Review Mootness/otiosity

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Parties

Amrinder Singh

Applicant

Torture Claims Appeal Board/Non-refoulement Claims Petition Office

Putative Respondent

Director of Immigration

Putative Interested Party

Procedural Posture

Judicial Review Leave to Apply / Leave Application Dismissed

Legal Issues

  1. 1 Whether a leave application for judicial review remains justiciable after the claimant has been removed from Hong Kong
  2. 2 Whether a torture/non-refoulement claim is deemed withdrawn under section 37ZF upon the claimant's departure
  3. 3 Whether the court should refuse to grant a remedy on judicial review as otiose when the relevant detriment has been removed

Ratio Decidendi

Because the applicant had been removed from Hong Kong and section 37ZF deems a torture/non-refoulement claim withdrawn upon departure, and because granting relief would be otiose, the court dismissed the application for leave to apply for judicial review.

Court Disposition

Leave to apply for judicial review dismissed

Orders

  • Leave to apply for judicial review dismissed