PHAM THI THIENG v. DIRECTOR OF IMMIGRATION [Decision on Leave Application]

PHAM THI THIENG v. DIRECTOR OF IMMIGRATION [Decision on Leave Application]

The court refused the applicant's attempt to withdraw the leave application and dismissed the leave application: the application was filed out of time (more than two months late) with no explanation and no extension was warranted under the AW criteria; independently, the claim had become otiose because the applicant confirmed it was safe to return to Vietnam, so even if legal errors existed there was no practical purpose in granting relief.

Citation
[2026] HKCFI 2736
Parties
Applicant: Pham Thi Thieng; Putative Respondent: Director of Immigration
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
13 May 2026
Case Number
HCAL953/2024
Procedural Posture
Judicial Review (leave Application) / Leave Application Dismissed (notification of Judge's Decision)
Outcome
Application to withdraw refused; Leave application dismissed.
Legal Topics
Non Refoulement, Leave to Apply for Judicial Review, Extension of Time, Withdrawal of Application, Ostensible Mootness/otiosity
Source Language
EN
Immigration Law Constitutional and Administrative Law Public Law Procedural Law Non Refoulement Leave to Apply for Judicial Review Extension of Time Withdrawal of Application +1 more

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Parties

Pham Thi Thieng

Applicant

Director of Immigration

Putative Respondent

Procedural Posture

Judicial Review (leave Application) / Leave Application Dismissed (notification of Judge's Decision)

Legal Issues

  1. 1 Whether the leave application was out of time and whether extension of time should be granted under Order 53 rule 4(1)
  2. 2 Whether the applicant's purported withdrawal should terminate the action or the court should dismiss the application
  3. 3 Whether the intended judicial review is otiose because the applicant confirmed it is safe to return to Vietnam

Ratio Decidendi

The court refused the applicant's attempt to withdraw the leave application and dismissed the leave application: the application was filed out of time (more than two months late) with no explanation and no extension was warranted under the AW criteria; independently, the claim had become otiose because the applicant confirmed it was safe to return to Vietnam, so even if legal errors existed there was no practical purpose in granting relief.

Court Disposition

Application to withdraw refused; Leave application dismissed.

Orders

  • Application to withdraw the Leave Application refused.
  • Leave Application dismissed.