Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Mootness/practical purpose

Legal area

Court

26 Nov 2024

ROSA LILIK FARID v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE [Decision on Leave Application]

Citation

[2024] HKCFI 3156
Court

Court of First Instance
Case number

HCAL1319/2020

The application for leave was dismissed because the applicant had been removed from Hong Kong and, under Section 37ZF, her torture/non-refoulement claim is deemed withdrawn on departure; accordingly judicial review would serve no practical purpose and there were no valid grounds to challenge the Board's decision.
3 May 2022

JOHNSON SYLVANUS OBINNA v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE [Decision on Leave Application]

Citation

[2022] HKCFI 1180
Court

Court of First Instance
Case number

HCAL653/2019

Because the applicant withdrew his application and intended to leave Hong Kong, granting leave would serve no practical purpose; applying established precedent that relief may be refused as otiose, the court dismissed the application for leave.