RITA v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

RITA v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

The court refused the applicant's application to withdraw and dismissed the leave application because it was filed out of time without any explanation or application for extension, and because the underlying non-refoulement claim had become otiose as the applicant confirmed it was safe to return, so granting leave would serve no practical purpose.

Citation
[2025] HKCFI 5701
Parties
Applicant: Rita; Putative Respondent: Torture Claims Appeal Board; Putative Interested Party: Director of Immigration
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
25 November 2025
Case Number
HCAL1982/2023
Procedural Posture
Application for Leave to Apply for Judicial Review / Decision on Leave Application (dismissed)
Outcome
Application to withdraw refused; Leave Application dismissed; court amended the names of putative parties on Form 86
Legal Topics
Non Refoulement, Leave to Apply for Judicial Review, Extension of Time, Withdrawal of Proceedings, Mootness/otiose Remedies
Source Language
EN
Constitutional and Administrative Law Immigration Law Human Rights Law Judicial Review Non Refoulement Leave to Apply for Judicial Review Extension of Time Withdrawal of Proceedings +1 more

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Parties

Rita

Applicant

Torture Claims Appeal Board

Putative Respondent

Director of Immigration

Putative Interested Party

Procedural Posture

Application for Leave to Apply for Judicial Review / Decision on Leave Application (dismissed)

Legal Issues

  1. 1 Whether the leave application was filed out of time and whether time should be extended
  2. 2 Whether the applicant validly withdrew the leave application and effect of withdrawal
  3. 3 Whether the intended judicial review is otiose/moot given applicant's change of circumstances

Ratio Decidendi

The court refused the applicant's application to withdraw and dismissed the leave application because it was filed out of time without any explanation or application for extension, and because the underlying non-refoulement claim had become otiose as the applicant confirmed it was safe to return, so granting leave would serve no practical purpose.

Court Disposition

Application to withdraw refused; Leave Application dismissed; court amended the names of putative parties on Form 86

Orders

  • Amend the name of the putative respondent to "Torture Claims Appeal Board"
  • Amend the name of the putative interested party to "Director of Immigration"