Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Otiosity of remedy

Legal area

Court

8 Oct 2025

NGUYEN THANH TUAN v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

Citation

[2025] HKCFI 4691
Court

Court of First Instance
Case number

HCAL349/2022

The court refused the applicant's withdrawal and dismissed the leave application on the merits because the applicant failed to particularise his grounds, the Board's Decision disclosed no error of law, procedural unfairness or irrationality under the applicable standard, and, in any event, the claim had become otiose because the applicant indicated it was safe to return to Vietnam.
29 Dec 2021

ONWUKA EBUKA ANTHONY v. TORTURE CLAIMS APPEAL BOARD/NON-REFOULEMENT CLAIMS PETITION OFFICE [Decision on Leave Application]

Citation

[2021] HKCFI 3863
Court

Court of First Instance
Case number

HCAL581/2021

Leave to apply for judicial review was refused because the applicant had obtained a dependent visa, removing the relevant detriment and rendering the remedy otiose, so granting leave would serve no practical purpose.
16 Aug 2021

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

Citation

[2021] HKCFI 2355
Court

Court of First Instance
Case number

HCAL813/2021

The applicant unequivocally withdrew the leave application and demonstrated no intention to proceed; applying the established principle that the court may refuse a remedy that would be otiose, the court acceded to the withdrawal and dismissed the application for leave.