Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Ostensible otiosity of remedy

Legal area

Court

20 May 2026

PHAM THI NGAN v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

Citation

[2026] HKCFI 2889
Court

Court of First Instance
Case number

HCAL1271/2023

The court refused the applicant's attempt to withdraw the leave application and dismissed the leave application because the applicant expressly stated it was safe for her to return, rendering the non-refoulement claim otiose; accordingly, even if there were legal errors, granting leave would serve no practical purpose.
3 May 2022

MIA MD BACHU v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE [Decision on Leave Application]

Citation

[2022] HKCFI 1190
Court

Court of First Instance
Case number

HCAL371/2019

Leave to apply for judicial review was dismissed because the applicant had withdrawn his application and the court held that granting relief would serve no practical purpose (otiose), applying the discretion described in AW v Director of Immigration.