BUDGAMA MUDIYANSELAGE S P PERERA alias BUDGAMA MUDIYANSELAGE FATHIMA SHIBANA HILMY v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE [Decision on Leave Application]

BUDGAMA MUDIYANSELAGE S P PERERA alias BUDGAMA MUDIYANSELAGE FATHIMA SHIBANA HILMY v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE [Decision on Leave Application]

Leave to apply for judicial review was refused because the applicants failed to demonstrate any realistic prospect of success: the Board's findings that risks had diminished and that state protection and internal relocation were available were open to it and not susceptible to challenge at the leave stage.

Citation
[2026] HKCFI 342
Parties
Applicant (1st): Budgama Mudiyanselage S P Perera alias Budgama Mudiyanselage Fathima Shibana Hilmy; Applicant (2nd): Mohamed Hilmy Mohamed Shammy; 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 January 2026
Case Number
HCAL2785/2025
Procedural Posture
Application for Leave to Apply for Judicial Review / Leave Application (refused)
Outcome
Leave to apply for judicial review refused; joint application dismissed.
Legal Topics
Non Refoulement, Torture and CIDTP, Article 2 HKBOR (right to Life), Article 3 HKBOR (torture/cidtp), Persecution Under Refugee Convention Article 33, Internal Relocation, State Protection, Leave to Apply for Judicial Review, Standard of Review (realistic Prospect)
Source Language
EN
Constitutional Law Administrative Law Immigration Law Human Rights Law Refugee Law Non Refoulement Torture and CIDTP Article 2 HKBOR (right to Life) +6 more

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Parties

Budgama Mudiyanselage S P Perera alias Budgama Mudiyanselage Fathima Shibana Hilmy

Applicant (1st)

Mohamed Hilmy Mohamed Shammy

Applicant (2nd)

Torture Claims Appeal Board/Non-refoulement Claims Petition Office

Putative Respondent

Director of Immigration

Putative Interested Party

Procedural Posture

Application for Leave to Apply for Judicial Review / Leave Application (refused)

Legal Issues

  1. 1 Whether applicants have a realistic prospect of success to justify leave for judicial review of the Board's decision
  2. 2 Whether the Board erred in finding that risks had diminished
  3. 3 Whether state protection and internal relocation were viable and available

Ratio Decidendi

Leave to apply for judicial review was refused because the applicants failed to demonstrate any realistic prospect of success: the Board's findings that risks had diminished and that state protection and internal relocation were available were open to it and not susceptible to challenge at the leave stage.

Court Disposition

Leave to apply for judicial review refused; joint application dismissed.

Orders

  • Refuse leave for the applicants to apply for judicial review of the Board's Decision.
  • Dismiss the joint application for leave to apply for judicial review.