SOUARE AMINATA BELLO AND ANOTHER v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE [Decision on Leave Application]

SOUARE AMINATA BELLO AND ANOTHER v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE [Decision on Leave Application]

Leave was granted because the Board erred in law by failing to consider the child's claim and child-specific vulnerability and by not addressing whether the minor had legal representation; the mother's and child's claims are closely connected and should be considered together. The court exercised discretion to grant leave despite delay because the application has merits.

Citation
[2025] HKCFI 4231
Parties
1st Applicant: Souare Aminata Bello; 2nd Applicant: Souare Samuel Liam; Putative Respondent: Torture Claims Appeal Board/Non-refoulement Claims Petition Office; Putative Interested Party: Director of Immigration
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
26 September 2025
Case Number
HCAL1258/2020
Procedural Posture
Judicial Review (leave to Apply) / Leave Granted
Outcome
Leave granted to apply for judicial review of the Torture Claims Appeal Board Decision dated 18 December 2019
Legal Topics
Non Refoulement, Risk of Torture/cidtp, Best Interests of the Child, Procedural Fairness, Judicial Review Leave, Credibility Findings, Legal Representation for Minors, Delay and Extensions
Source Language
EN
Constitutional Law Administrative Law Immigration Law Refugee Law Human Rights Law Non Refoulement Risk of Torture/cidtp Best Interests of the Child +5 more

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Parties

Souare Aminata Bello

1st Applicant

Souare Samuel Liam

2nd Applicant

Torture Claims Appeal Board/Non-refoulement Claims Petition Office

Putative Respondent

Director of Immigration

Putative Interested Party

Procedural Posture

Judicial Review (leave to Apply) / Leave Granted

Legal Issues

  1. 1 Whether the Board erred by failing to consider the minor's (2nd applicant's) claim and child-specific issues
  2. 2 Whether the absence of legal representation for minors imposes a duty on the Board to consider minor-specific issues
  3. 3 Whether the mother's and child's claims should be considered jointly rather than severed

Ratio Decidendi

Leave was granted because the Board erred in law by failing to consider the child's claim and child-specific vulnerability and by not addressing whether the minor had legal representation; the mother's and child's claims are closely connected and should be considered together. The court exercised discretion to grant leave despite delay because the application has merits.

Court Disposition

Leave granted to apply for judicial review of the Torture Claims Appeal Board Decision dated 18 December 2019

Orders

  • Leave granted to the 1st and 2nd applicants to apply for judicial review of the Board's Decision dated 18 December 2019
  • Applicants shall issue the originating summons for hearing within 14 days from the date of this Order pursuant to Order 53, rule 5 of the Rules of the High Court