Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Otiosity/abuse of process

Legal area

Court

19 Nov 2025

BUAYAD CHOMNAPAT v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

Citation

[2025] HKCFI 5537
Court

Court of First Instance
Case number

HCAL500/2023

The court refused the applicant's unilateral withdrawal and dismissed the leave application because the applicant failed to identify any arguable legal grounds, the Board's decision contained no detectable error of law, procedural unfairness or irrationality on anxious scrutiny, and the claim had become otiose as the applicant stated her issues in her home country were resolved and she had been removed, so leave would serve no practical purpose.
27 May 2022

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

Citation

[2022] HKCFI 1409
Court

Court of First Instance
Case number

HCAL800/2020

Leave to apply for judicial review was dismissed because the applicant withdrew the application and indicated he would return to his country, rendering any judicial review remedy otiose; the court exercised its discretion under the authority of AW v Director of Immigration to refuse relief that would serve no practical purpose.