Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Otiose remedy/discretion to refuse relief

Legal area

Court

1 Dec 2022

RE MOHAMMED KHAN SHAMIM

Citation

[2022] HKCFI 3533
Court

Court of First Instance
Case number

HCAL173/2020

Because the application had been dismissed on the applicant's own application and the dismissal order had been sealed, the court had no jurisdiction to restore or reinstate the proceedings; accordingly the reinstatement application was dismissed.
29 Jun 2022

BUI THI LINH v. TORTURE CLAIMS APPEAL BOARD/ NON-REFOULEMENT CLAIMS PETITION OFFICE [Decision on Leave Application]

Citation

[2022] HKCFI 1737
Court

Court of First Instance
Case number

HCAL386/2020

The court dismissed the application for leave because it had become otiose and pointless: the applicant's non-refoulement claim was rejected, the Board dismissed her appeal, and the applicant had affirmed she did not wish to pursue the matter, so the court exercised its discretion under AW v Director of Immigration to refuse the remedy.