Hong Kong Case Law: Decisions & Judgments

Topic

Procedural rules order 53

Legal area

Court

15 Apr 2026

HUSSAIN MOHAMMAD TAUQIR v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

Citation

[2026] HKCFI 2073
Court

Court of First Instance
Case number

HCAL1485/2024

The Leave Application is dismissed because the applicant confirmed it is safe to return to his country, removing the basis for non-refoulement relief and rendering any grant of leave otiose; accordingly the court refused the applicant's request to withdraw but dismissed the leave application on grounds of practical purposelessness.
7 Jul 2025

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

Citation

[2025] HKCFI 2879
Court

Court of First Instance
Case number

HCAL687/2020

Because the applicant voluntarily and freely withdrew the leave application after obtaining a dependency visa, the court allowed withdrawal, refused to adjudicate the merits, and dismissed the leave application to avoid leaving the action at large, without making any order as to costs.
18 Dec 2023

LE THU TRANG v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE [Decision on Leave Application]

Citation

[2023] HKCFI 3188
Court

Court of First Instance
Case number

HCAL1459/2021

The judge dismissed the leave application because the applicant's affirmation amounted to withdrawal and, citing Re Manik Md Mahamudun Nabi, when an applicant withdraws and nothing remains outstanding the correct disposition is dismissal rather than leaving the action at large.
13 Dec 2022

PHAM TRUNG THANH v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE [Decision on Leave Application]

Citation

[2022] HKCFI 3622
Court

Court of First Instance
Case number

HCAL528/2022

The leave application was dismissed because the applicant's subsequent communication amounted to withdrawal of the application and, following Re Manik Md Mahamudun Nabi [2022] HKCA 471, dismissal is the proper means to conclude the action rather than leaving it at large.
14 Jun 2022

RE SARDER ABDUL MAZID

Citation

[2022] HKCFI 1573
Court

Court of First Instance
Case number

HCAL248/2019

Because the High Court Registry was closed between 7 March 2022 and 11 April 2022 for COVID-19 reasons, that period is not counted in the 14-day appeal period; the applicant was within time when he filed his application for extension of time and the court accordingly exercised its discretion to extend time to file the notice of appeal for 14 days from the date of the Order.
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.

Hong Kong Case Law

HUSSAIN MOHAMMAD TAUQIR v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

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

LE THU TRANG v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE [Decision on Leave Application]

PHAM TRUNG THANH v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE [Decision on Leave Application]

RE SARDER ABDUL MAZID

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