KHANAM SALMA AND OTHERS v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE [Decision on Leave Application]

KHANAM SALMA AND OTHERS v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE [Decision on Leave Application]

The court refused leave to the 1st applicant because no arguable public law error, irrationality or procedural unfairness in the Board's credibility-based findings was shown; the court granted leave to the 2nd and 3rd applicants because it was reasonably arguable that the Board failed to consider the minors' non-refoulement claims separately and properly (given their personal circumstances and absence of legal representation), thereby raising a real prospect of procedural unfairness warranting leave and further proceedings (including directions for legal representation).

Citation
[2025] HKCFI 5689
Parties
1st Applicant: Khanam Salma; 2nd Applicant: Roni; 3rd Applicant: Joni; 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
28 November 2025
Case Number
HCAL243/2020
Procedural Posture
Judicial Review (leave Application) / Decision on Leave Application
Outcome
1st applicant's leave to apply for judicial review dismissed; leave granted to 2nd and 3rd applicants to apply for judicial review of the Board's decision.
Legal Topics
Non Refoulement, Torture Claims, Judicial Review Leave, Children/minors' Claims, Credibility Assessment, Procedural Fairness
Source Language
EN
Administrative Law Constitutional Law Immigration Law Human Rights Law Non Refoulement Torture Claims Judicial Review Leave Children/minors' Claims +2 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 12 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Khanam Salma

1st Applicant

Roni

2nd Applicant

Joni

3rd Applicant

Torture Claims Appeal Board / Non-Refoulement Claims Petition Office

Putative Respondent

Director of Immigration

Putative Interested Party

Procedural Posture

Judicial Review (leave Application) / Decision on Leave Application

Legal Issues

  1. 1 Whether leave to apply for judicial review should be granted against the Board's decision dismissing non-refoulement claims
  2. 2 Whether the Board lawfully and fairly assessed the credibility of the 1st applicant
  3. 3 Whether the Board erred in treating the minors' (2nd and 3rd applicants) claims as derivative without separate consideration and whether that amounted to procedural unfairness

Ratio Decidendi

The court refused leave to the 1st applicant because no arguable public law error, irrationality or procedural unfairness in the Board's credibility-based findings was shown; the court granted leave to the 2nd and 3rd applicants because it was reasonably arguable that the Board failed to consider the minors' non-refoulement claims separately and properly (given their personal circumstances and absence of legal representation), thereby raising a real prospect of procedural unfairness warranting leave and further proceedings (including directions for legal representation).

Court Disposition

1st applicant's leave to apply for judicial review dismissed; leave granted to 2nd and 3rd applicants to apply for judicial review of the Board's decision.

Orders

  • 1st applicant's application for leave to apply for judicial review dismissed.
  • Leave granted to the 2nd and 3rd applicants to apply for judicial review of the Board's decision.