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

THAPA DEEPAK AND ANOTHER 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 did not show any realistic prospect of success: the Board reasonably found state protection available and that risks under Part VIIC of the Immigration Ordinance, HKBOR Articles 2 and 3, and Article 33 of the Refugee Convention were not...

Source-derived case information.

Citation
[2026] HKCFI 1561
Parties
1st Applicant: Thapa Deepak; 2nd Applicant: Thapa Sapna; 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
25 March 2026
Case Number
HCAL1436/2025
Procedural Posture
Application for Leave to Apply for Judicial Review / Leave Application Refused at Initial Leave Stage
Outcome
Leave to apply for judicial review refused; joint application dismissed
Legal Topics
Non Refoulement, Torture Risk, Refoulement, State Protection, Leave to Apply for Judicial Review, Standard of Review
Source Language
en
Constitutional and Administrative Law Immigration Law Human Rights Law Judicial Review Non Refoulement Torture Risk Refoulement State Protection +2 more

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Parties

Thapa Deepak

1st Applicant

Thapa Sapna

2nd Applicant

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 at Initial Leave Stage

Legal Issues

  1. 1 Whether leave to apply for judicial review should be granted
  2. 2 Whether the Board erred in finding reasonable state protection available
  3. 3 Whether the applicants established risk of torture under Part VIIC of the Immigration Ordinance

Ratio Decidendi

Leave to apply for judicial review was refused because the applicants did not show any realistic prospect of success: the Board reasonably found state protection available and that risks under Part VIIC of the Immigration Ordinance, HKBOR Articles 2 and 3, and Article 33 of the Refugee Convention were not established; the court will not substitute its view for the Board's fact findings in supervisory review.

Court Disposition

Leave to apply for judicial review refused; joint application dismissed

Orders

  • Refuse leave to apply for judicial review of the Board's Decision dated 17 June 2025
  • Dismiss the applicants' joint application for leave to apply for judicial review