Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Discretion to refuse otiose relief

Legal area

Court

3 Jun 2025

VU VIET KHOA v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE [Decision on Leave Application]

Citation

[2025] HKCFI 1879
Court

Court of First Instance
Case number

HCAL1321/2022

Because the applicant was deceased and death terminated the cause of action, the application abated and the court exercised its discretion to refuse leave to apply for judicial review on the ground that any remedy would be otiose and serve no practical purpose, warranting dismissal of the leave application.
19 Nov 2024

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

Citation

[2024] HKCFI 3106
Court

Court of First Instance
Case number

HCAL1430/2020

Because the applicant had been removed from Hong Kong and section 37ZF deems the torture/non-refoulement claim withdrawn on departure, and because the applicant failed to identify specific grounds to challenge the Board's decision, the court dismissed the application for leave as granting relief would serve no practical purpose.