MD SHARIF ULLAH v. TORTURE CLAIMS APPEAL BOARD/ NON-REFOULEMENT CLAIMS PETITION OFFICE [Decision on Leave Application]

MD SHARIF ULLAH v. TORTURE CLAIMS APPEAL BOARD/ NON-REFOULEMENT CLAIMS PETITION OFFICE [Decision on Leave Application]

The application for leave was dismissed because the applicant expressly sought to cancel it and had no intention to proceed, rendering any grant of leave otiose; accordingly the court exercised its discretion to dismiss the application.

Citation
[2021] HKCFI 2365
Parties
Applicant: Md Sharif Ullah; 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
17 August 2021
Case Number
HCAL277/2019
Procedural Posture
Judicial Review (application for Leave) / Application for Leave Dismissed
Outcome
Leave to apply for judicial review dismissed.
Legal Topics
Non Refoulement, Torture Claims, Mootness/otiose Remedies, Leave to Apply for Judicial Review
Source Language
EN
Constitutional Law Administrative Law Immigration Law Human Rights Law Non Refoulement Torture Claims Mootness/otiose Remedies Leave to Apply for Judicial Review

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Parties

Md Sharif Ullah

Applicant

Torture Claims Appeal Board/Non-refoulement Claims Petition Office

Putative Respondent

Director of Immigration

Putative Interested Party

Procedural Posture

Judicial Review (application for Leave) / Application for Leave Dismissed

Legal Issues

  1. 1 Whether the court should grant leave to apply for judicial review where the applicant seeks to cancel the application and intends to return to his home country
  2. 2 Whether the court may refuse relief as otiose or pointless when the relevant detriment has been removed

Ratio Decidendi

The application for leave was dismissed because the applicant expressly sought to cancel it and had no intention to proceed, rendering any grant of leave otiose; accordingly the court exercised its discretion to dismiss the application.

Court Disposition

Leave to apply for judicial review dismissed.

Orders

  • Leave to apply for Judicial Review be dismissed.