ABBAS NASAR v. DIRECTOR OF IMMIGRATION AND ANOTHER [Decision on Leave Application]

ABBAS NASAR v. DIRECTOR OF IMMIGRATION AND ANOTHER [Decision on Leave Application]

The Director's 2018 decision was superseded by the Board's 8 March 2021 decision and is not independently reviewable; the Board's decision contained full, detailed and referenced reasoning, properly assessed country information, availability of state protection and viability of internal relocation, observed...

Source-derived case information.

Citation
[2026] HKCFI 1454
Parties
Applicant: Abbas Nasar; 1st Putative Respondent and Putative Interested Party: Director of Immigration; 2nd Putative Respondent: Torture Claims Appeal Board
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
17 March 2026
Case Number
HCAL415/2021
Procedural Posture
Application for Leave to Apply for Judicial Review / Leave Application Determined (notification of Decision Under Order 53, Rule 3)
Outcome
Leave application dismissed in respect of both the Director of Immigration's decision dated 10 July 2018 and the Torture Claims Appeal Board's decision dated 8 March 2021.
Legal Topics
Non Refoulement, Torture, Right to Life, Internal Relocation, Judicial Review Leave, Wednesbury Unreasonableness
Source Language
en
Constitutional Law Administrative Law Immigration Law Human Rights Law Non Refoulement Torture Right to Life Internal Relocation +2 more

Source-derived case record

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Parties

Abbas Nasar

Applicant

Director of Immigration

1st Putative Respondent and Putative Interested Party

Torture Claims Appeal Board

2nd Putative Respondent

Procedural Posture

Application for Leave to Apply for Judicial Review / Leave Application Determined (notification of Decision Under Order 53, Rule 3)

Legal Issues

  1. 1 Whether the Director of Immigration's decision remains reviewable after appeal to the Torture Claims Appeal Board
  2. 2 Whether leave to apply for judicial review should be granted in respect of the Board's decision dated 8 March 2021
  3. 3 Whether the Board's decision contained errors of law, procedural unfairness or was Wednesbury irrational

Ratio Decidendi

The Director's 2018 decision was superseded by the Board's 8 March 2021 decision and is not independently reviewable; the Board's decision contained full, detailed and referenced reasoning, properly assessed country information, availability of state protection and viability of internal relocation, observed procedural fairness and applied the correct legal principles; no error of law, procedural unfairness or irrationality was shown and the applicant's grounds were too vague and lacking in particulars to be reasonably arguable; accordingly leave to apply for judicial review is refused in respect of both decisions.

Court Disposition

Leave application dismissed in respect of both the Director of Immigration's decision dated 10 July 2018 and the Torture Claims Appeal Board's decision dated 8 March 2021.

Orders

  • The 2nd putative respondent is amended to Torture Claims Appeal Board
  • Director of Immigration is added as the putative interested party