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

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

Because the applicant withdrew his application and intended to leave Hong Kong, granting leave would serve no practical purpose; applying established precedent that relief may be refused as otiose, the court dismissed the application for leave.

Citation
[2022] HKCFI 1180
Parties
Applicant: Johnson Sylvanus Obinna; 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
3 May 2022
Case Number
HCAL653/2019
Procedural Posture
Application for Leave to Apply for Judicial Review / Leave Application Dismissed
Outcome
Leave to apply for judicial review dismissed.
Legal Topics
Non Refoulement, Judicial Review, Leave to Apply for Judicial Review, Mootness/practical Purpose, Withdrawal of Application
Source Language
EN
Administrative Law Constitutional Law Immigration Law Human Rights Law Non Refoulement Judicial Review Leave to Apply for Judicial Review Mootness/practical Purpose +1 more

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Parties

Johnson Sylvanus Obinna

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 / Leave Application Dismissed

Legal Issues

  1. 1 Whether leave should be granted where applicant withdrew application
  2. 2 Whether granting relief would serve any practical purpose (mootness)
  3. 3 Whether applicant's status as illegal immigrant affects remedy

Ratio Decidendi

Because the applicant withdrew his application and intended to leave Hong Kong, granting leave would serve no practical purpose; applying established precedent that relief may be refused as otiose, the court dismissed the application for leave.

Court Disposition

Leave to apply for judicial review dismissed.

Orders

  • Leave to apply for judicial review dismissed.