ALI AKHTAR v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

ALI AKHTAR v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

The applicant failed to identify any reasonably arguable legal ground for judicial review, attempted reliance on fresh material not before the Board is impermissible at this stage, and there was no detectable error of law, procedural unfairness or irrationality in the Board's decision (which satisfied the enhanced...

Source-derived case information.

Citation
[2026] HKCFI 1762
Parties
Applicant: Ali Akhtar; Putative Respondent: Torture Claims Appeal Board; Putative Interested Party: Director of Immigration
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
25 March 2026
Case Number
HCAL450/2021
Procedural Posture
Application for Leave to Apply for Judicial Review / Leave Application (dismissed)
Outcome
Leave application dismissed
Legal Topics
Non Refoulement, Judicial Review, Leave to Apply for Judicial Review, Procedural Fairness, Wednesbury Unreasonableness, Internal Relocation, Country of Origin Information, State Protection
Source Language
en
Constitutional Law Administrative Law Immigration Law Asylum Law Human Rights Law Non Refoulement Judicial Review Leave to Apply for Judicial Review +5 more

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Parties

Ali Akhtar

Applicant

Torture Claims Appeal Board

Putative Respondent

Director of Immigration

Putative Interested Party

Procedural Posture

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

Legal Issues

  1. 1 Whether applicant identified reasonably arguable grounds for judicial review
  2. 2 Whether fresh evidence not presented to the primary decision-maker may be admitted at leave stage
  3. 3 Whether the Board erred in law, acted with procedural unfairness or reached an irrational decision

Ratio Decidendi

The applicant failed to identify any reasonably arguable legal ground for judicial review, attempted reliance on fresh material not before the Board is impermissible at this stage, and there was no detectable error of law, procedural unfairness or irrationality in the Board's decision (which satisfied the enhanced Wednesbury test); accordingly leave to apply for judicial review is refused.

Court Disposition

Leave application dismissed

Orders

  • On the court's own motion amend the name of the putative respondent to Torture Claims Appeal Board
  • On the court's own motion amend the decision in respect of which relief is sought to Torture Claims Appeal Board's decision dated 18 February 2021