RE BUTT WAQAS

HCAL 1825/2018

[2021] HKCFI 2120

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CONSTITUTIONAL AND ADMINISTRATIVE LAW LIST

NO 1825 OF 2018

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D E C I S I O N

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1.  The applicant filed Form 86 on 4 September 2018 for application for leave to apply for judicial review of the Decision of the Torture Claims Appeal Board.

2.  His application was considered and dismissed by the Court by its Order dated 10 July 2020 (the “Court’s decision”).

3.  The applicant applied for leave to appeal the Court’s decision out of time.

4.  The Court has considered the application and has prepared its Decision, which will dismiss his application. The Decision has not yet been published. But Notice of handing down has been issued.

5.  By affirmation dated 28 July 2021, the applicant applied to the Court that he wanted to withdraw his application for judicial review for the reason that his problem in his own country had solved and he wanted to return as soon as possible.

6.  It is clear that the applicant has no intention of proceeding with his application. The Court of Appeal in AW v. Director of Immigration and William Lam CACV 63 of 2015, 3 November 2015 said:

“67. It is well established that the court may exercise discretion not to grant a remedy on judicial review if it would serve no practical purpose, where it may have become otiose or pointless to grant a remedy because the relevant detriment to the applicant has been removed (De Smith’s Judicial Review (7th ed) at §§18-054 to 18-056; Judicial Review by Supperstone, Goudie and Walker (5th ed) at §18.18.1)….”

7.  As such, his application should be dismissed.

8.  Accordingly, I accede to the applicant’s request and dismiss his application.