Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Statutory finality

Legal area

Court

19 Nov 2024

ARIF MUHAMMAD HASEEB v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE [Decision on Leave Application]

Citation

[2024] HKCFI 3130
Court

Court of First Instance
Case number

HCAL464/2020

Leave to apply for judicial review was dismissed because the applicant had left Hong Kong and under section 37ZF the torture/non-refoulement claim is deemed withdrawn, leaving no live controversy and no practical purpose in granting relief; the applicant raised no arguable public law ground to justify intervention.
25 Jul 2022

MUGIYEM-TRI-LESTARI v. DIRECTOR OF IMMIGRATION [Decision on Leave Application]

Citation

[2022] HKCFI 2266
Court

Court of First Instance
Case number

HCAL404/2022

The Director correctly applied s37ZO by finding the applicant failed to demonstrate a significant change of circumstances or that, together with prior material, a subsequent claim had a realistic prospect of success; leave for judicial review was therefore refused and a RPO was justified because the applicant persistently sought to re-litigate matters already finally determined, constituting an abuse of process.