Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Ostensible otiosity of remedies

Legal area

Court

9 Dec 2025

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

Citation

[2025] HKCFI 6115
Court

Court of First Instance
Case number

HCAL578/2021

The court refused the applicant's request to withdraw and dismissed the leave application because the applicant confirmed it was safe to return to Vietnam, removing the basis for her non-refoulement claim; consequently granting leave or remitting the case would be otiose and serve no practical purpose.
17 Dec 2024

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

Citation

[2024] HKCFI 3455
Court

Court of First Instance
Case number

HCAL1171/2020

Leave to apply for judicial review was dismissed because the Board's decision to refuse late filing was not successfully challenged on public law grounds and, in any event, the applicant had left Hong Kong so his torture/non-refoulement claim is statutorily deemed withdrawn under s.37ZF, making any relief otiose.