|
HCAL 913/2020
[2025] HKCFI 5457
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF FIRST INSTANCE
CONSTITUTIONAL AND ADMINISTRATIVE LAW LIST NO 913 OF 2020
|
BETWEEN
|
| |
Chukwuma Godwin Maduabuchi |
Applicant |
| |
and |
|
| |
Torture Claims Appeal Board |
Putative |
| |
|
Respondent |
| |
and |
|
| |
Director of Immigration |
Putative |
| |
|
Interested Party |
Application for Leave to Apply for Judicial Review
NOTIFICATION of the Judge’s decision (Order 53, rule 3)
Following:
Order by Deputy High Court Judge Michael WONG:
1. The applicant’s application for leave to apply for judicial review be dismissed.
Observations for the applicant:
The Leave Application
1. By way of Form 86 dated and filed on 15 May 2020, the applicant applied for leave to apply for judicial review (“the Leave Application”) in respect of the decision of the Torture Claims Appeal Board (“the Board”) dated 8 May 2020.
2. The Board found the applicant failed to substantiate a case on any of the applicable grounds under the Unified Screening Mechanism. Hence, the Board dismissed the applicant’s appeal/petition against the decision of the Director of Immigration (“the Director”) dated 30 July 2018 and confirmed the same.
The applicant’s case
3. The applicant claimed for non-refoulement protection because if refouled to Nigeria, he would be in danger as he was a member of Indigenous People of Biafra and the police and the army of the Nigeria were still looking for him.
Change of the applicant’s status
4. By a letter dated 21 August 2025, the Director informed this court that the applicant had been granted stay in Hong Kong as a Hong Kong resident since November 2020.
Discussion
5. As the applicant has been granted permission to stay in Hong Kong as a resident, it is clear that he no longer needs non-refoulement protection.
6. Thus, the Leave Application no longer serves any practical purpose, and it is otiose and pointless to consider the merits of the Leave Application.
7. 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 (see AW v Director of Immigration and William Lam, CACV 63 of 2015).
8. In the premises, this court exercises its discretion not to grant any remedy to the applicant and the Leave Application ought to be dismissed.
Conclusion
9. For reasons aforesaid, the Leave Application is dismissed.
Dated the 11th day of November 2025
| |
(Irene LEE)
for Registrar, High Court
|
Where leave to apply has been granted, applicants and their legal advisers are reminded of their obligation to reconsider the merits of their application in the light of the respondent’s evidence
Notes for the applicant:
If leave has been granted, the applicant or his solicitors must:
|
|
|
|
|
a) serve on the respondent and such interested parties as may be directed by the Court the order granting leave and any directions given within 14 days after the leave was granted (Order 53, rule 4A);
b) issue the originating summons within 14 days after the grant of leave and serve it in accordance with Order 53, rule 5; and
c) supply to every other party copies of every affidavit which the Applicant proposes to use at the hearing, including the affidavit in support of the application for leave (Order 53, rule 6(5)).
|
|
Sent/Handed to the applicant/the applicant’s solicitors on:
11 November 2025
Applicant’s ref. no:
Nil |
|
Sent/Handed to the putative respondent / the putative respondent’s solicitors / such putative interested parties as may be directed by the Court / the putative interested parties’ solicitors on:
11 November 2025
Torture Claims Appeal Board/Non-refoulement Claims Petition Office
Putative respondent’s ref. no.:
USM 12936/18/8/206/NI216
Director of Immigration
Putative interested party’s ref. no.:
QA T/C 1990/18
(formerly RBCZ 11554/17)
Department of Justice,
Senior Assistant Law Officer
(Civil Law)
(Civil Litigation Unit 2) |
Form CALL-1
|