Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Mootness/academic relief

Legal area

Court

30 Sept 2025

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

Citation

[2025] HKCFI 4409
Court

Court of First Instance
Case number

HCAL1801/2020

Leave to apply for judicial review was dismissed because the applicant had been granted permission to stay in Hong Kong, removing the relevant detriment and rendering any relief otiose; the court exercised its discretion to refuse a remedy that would serve no practical purpose.
26 Nov 2024

THELGE SUMITHRA PEIRIS v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE [Decision on Leave Application]

Citation

[2024] HKCFI 3215
Court

Court of First Instance
Case number

HCAL1105/2020

The application for leave was dismissed because the applicant had been removed from Hong Kong and, by operation of section 37ZF, her torture/non-refoulement claim is treated as withdrawn, leaving no live issue for the court and making relief purely academic.