SARFO VICTORIA AND ANOTHER v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

SARFO VICTORIA AND ANOTHER v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

The 1st applicant's leave application is dismissed because it was filed out of time and lacked an arguable case; the 2nd applicant was granted an extension of time and leave because the Board committed an error of law by failing to give separate consideration to the child's personal circumstances and claim,...

Source-derived case information.

Citation
[2026] HKCFI 1622
Parties
1st Applicant: Sarfo Victoria; 2nd Applicant: Dredon Gyan Akwasi (a minor) by Sarfo Victoria, his next friend; Putative Respondent: Torture Claims Appeal Board; Putative Interested Party: Director of Immigration
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
20 March 2026
Case Number
HCAL2097/2020
Procedural Posture
Application for Leave to Apply for Judicial Review / Determination of Leave Application and Notification of Judgment
Outcome
1st applicant's leave application dismissed; extension of time granted to 2nd applicant; leave granted to 2nd applicant to apply for judicial review; directions given for issuance of originating summons
Legal Topics
Non Refoulement, Leave to Apply for Judicial Review, Extension of Time, Judicial Review Grounds, Treatment of Minors in Asylum Claims, Torture and Persecution Risk
Source Language
en
Constitutional and Administrative Law Immigration Law Human Rights Law Non Refoulement Leave to Apply for Judicial Review Extension of Time Judicial Review Grounds Treatment of Minors in Asylum Claims +1 more

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Parties

Sarfo Victoria

1st Applicant

Dredon Gyan Akwasi (a minor) by Sarfo Victoria, his next friend

2nd Applicant

Torture Claims Appeal Board

Putative Respondent

Director of Immigration

Putative Interested Party

Procedural Posture

Application for Leave to Apply for Judicial Review / Determination of Leave Application and Notification of Judgment

Legal Issues

  1. 1 Whether the leave application by the 1st applicant should be dismissed as out of time and for lack of arguable merit
  2. 2 Whether extension of time should be granted to the 2nd applicant to file the leave application
  3. 3 Whether the Torture Claims Appeal Board erred in law by failing to consider the 2nd applicant's claim separately as a child

Ratio Decidendi

The 1st applicant's leave application is dismissed because it was filed out of time and lacked an arguable case; the 2nd applicant was granted an extension of time and leave because the Board committed an error of law by failing to give separate consideration to the child's personal circumstances and claim, warranting leave to apply for judicial review while the Board's substantive findings concerning the 1st applicant were lawful and not irrational.

Court Disposition

1st applicant's leave application dismissed; extension of time granted to 2nd applicant; leave granted to 2nd applicant to apply for judicial review; directions given for issuance of originating summons

Orders

  • On the court's own motion, amend the 2nd applicant's name to 'Dredon Gyan Akwasi (a minor) by Sarfo Victoria, his next friend'
  • On the court's own motion, amend the putative respondent to 'Torture Claims Appeal Board'