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

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

The application for leave to apply for judicial review is dismissed because the applicant's death terminated the cause of action and granting the relief would serve no practical purpose (action abated).

Source-derived case information.

Citation
[2025] HKCFI 1609
Parties
Applicant: Nirmal 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
20 May 2025
Case Number
HCAL193/2021
Procedural Posture
Judicial Review Leave Application / Application for Leave Dismissed
Outcome
Leave to apply for Judicial Review dismissed
Legal Topics
Non Refoulement, Abatement on Death, Judicial Review Leave to Apply, Discretion to Refuse Remedies
Source Language
en
Constitutional and Administrative Law Immigration Law Human Rights Law Non Refoulement Abatement on Death Judicial Review Leave to Apply Discretion to Refuse Remedies

Source-derived case record

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Parties

Nirmal Singh

Applicant

Torture Claims Appeal Board/Non-refoulement Claims Petition Office

Putative Respondent

Director of Immigration

Putative Interested Party

Procedural Posture

Judicial Review Leave Application / Application for Leave Dismissed

Legal Issues

  1. 1 Whether the applicant's death abates the cause of action and terminates the judicial review application
  2. 2 Whether the court should exercise its discretion to refuse relief where granting it would serve no practical purpose

Ratio Decidendi

The application for leave to apply for judicial review is dismissed because the applicant's death terminated the cause of action and granting the relief would serve no practical purpose (action abated).

Court Disposition

Leave to apply for Judicial Review dismissed

Orders

  • Leave to apply for Judicial Review be dismissed.