Hong Kong Case Law: Decisions & Judgments

Topic

Ostensible mootness/otiosity

Legal area

Court

20 May 2026

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

Citation

[2026] HKCFI 2905
Court

Court of First Instance
Case number

HCAL1089/2023

The applicant confirmed that her issues in her home country had been resolved and she could safely return and had been removed from Hong Kong; therefore the non-refoulement claim no longer existed and granting leave would serve no practical purpose, so the Leave Application was dismissed even if there might be arguable errors in the Board's decision.
13 May 2026

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

Citation

[2026] HKCFI 2736
Court

Court of First Instance
Case number

HCAL953/2024

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.
6 May 2026

NJATI JALLOW BABA v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

Citation

[2026] HKCFI 2516
Court

Court of First Instance
Case number

HCAL1159/2023

The court refused the applicant's attempt to withdraw the leave application and dismissed the leave application on the ground of otiosity because the applicant confirmed his issues in his home country were resolved and it is now safe for him to return, making any remedy pointless; the court also corrected the names of the putative respondent and putative interested party on its own motion.
9 Dec 2025

NGUYEN THI KHANH v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

Citation

[2025] HKCFI 6005
Court

Court of First Instance
Case number

HCAL2371/2023

The court refused the applicant's request to withdraw the leave application and dismissed the leave application on the ground that the applicant had confirmed it was safe to return to her country, rendering the non-refoulement claim otiose; therefore proceeding or granting leave would serve no practical purpose even if legal errors existed.
9 Dec 2025

LE VAN TIEN v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

Citation

[2025] HKCFI 6138
Court

Court of First Instance
Case number

HCAL1249/2022

The leave application was dismissed and the application to withdraw refused because the applicant confirmed it was safe to return to his country, removing the live basis for a non-refoulement claim and rendering any judicial review remedy otiose; the court also corrected the party designation by naming the Torture Claims Appeal Board as putative respondent and adding the Director of Immigration as putative interested party.
9 Dec 2025

HOANG HONG DIU v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

Citation

[2025] HKCFI 6002
Court

Court of First Instance
Case number

HCAL1967/2023

The leave application was dismissed because it was filed out of time without explanation and, in any event, the applicant's factual basis for relief had been resolved making the intended judicial review otiose; the applicant's request to withdraw was refused and the court amended party names on its own motion.
10 May 2022

SHEIK FORIED UDDIN v. DIRECTOR OF IMMIGRATION [Decision on Leave Application]

Citation

[2022] HKCFI 996
Court

Court of First Instance
Case number

HCAL698/2021

Leave to apply for judicial review was dismissed because granting the remedy would serve no practical purpose given the applicant had withdrawn and the alleged detriment had been removed; the court exercised its discretion under established authorities to refuse relief as otiose.

Hong Kong Case Law

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

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

NJATI JALLOW BABA v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

NGUYEN THI KHANH v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

LE VAN TIEN v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

HOANG HONG DIU v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

SHEIK FORIED UDDIN v. DIRECTOR OF IMMIGRATION [Decision on Leave Application]