Hong Kong Case Law: Decisions & Judgments

Topic

Ostensible otiosity

Legal area

Court

20 May 2026

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

Citation

[2026] HKCFI 2897
Court

Court of First Instance
Case number

HCAL1642/2024

The court refused the applicant's request to withdraw and dismissed the leave application because the applicant confirmed it was now safe to return to his country, rendering any judicial review remedy otiose; accordingly granting leave would serve no practical purpose even if legal errors existed, and the court may amend party names on its own motion.
13 May 2026

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

Citation

[2026] HKCFI 2702
Court

Court of First Instance
Case number

HCAL287/2024

The withdrawal application was refused and the Leave Application dismissed because the applicant confirmed it was safe to return to Indonesia, removing the basis for non-refoulement relief and rendering any grant of leave otiose; the court amended the named putative parties on its own motion to reflect the proper respondent and interested party.
11 Mar 2026

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

Citation

[2026] HKCFI 1369
Court

Court of First Instance
Case number

HCAL2328/2024

Because the applicant unequivocally confirmed he had no objection to returning to India, the factual basis for his non-refoulement claim no longer existed and any remedy would be otiose; accordingly the court refused the withdrawal application and dismissed the Leave Application even if errors in the Board's decision existed, as granting relief would serve no practical purpose.
28 Jan 2026

HA THI MANH v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

Citation

[2026] HKCFI 550
Court

Court of First Instance
Case number

HCAL2530/2025

The Board's Decision displayed full reasons, proper application of law and a permissible assessment of credibility and risk; no error of law, procedural unfairness or irrationality was found; the applicant failed to articulate any reasonably arguable ground for judicial review and admitted it was safe to return to Vietnam making any remedy otiose; accordingly leave to apply for judicial review is refused and the attempted withdrawal is not permitted to leave the action at large, so the leave application is dismissed.

Hong Kong Case Law

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

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

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

HA THI MANH v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]