ALI AMJAD v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE [Decision on Leave Application]

ALI AMJAD v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE [Decision on Leave Application]

The application for leave was dismissed because the TCAB applied the correct legal principles, considered the available materials, made no error of law or procedural unfairness or irrationality, the applicant produced no documentary evidence despite ample time to do so, and therefore there was no reasonably arguable...

Source-derived case information.

Citation
[2025] HKCFI 4462
Parties
Applicant: Ali Amjad; 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
29 September 2025
Case Number
HCAL1802/2020
Procedural Posture
Application for Leave to Apply for Judicial Review / Decision on Leave (dismissed)
Outcome
Application for leave to apply for judicial review dismissed.
Legal Topics
Non Refoulement, Judicial Review, Procedural Fairness, State Protection, Internal Relocation, Burden and Standard of Proof
Source Language
en
Constitutional and Administrative Law Immigration Law Human Rights Non Refoulement Judicial Review Procedural Fairness State Protection Internal Relocation +1 more

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Parties

Ali Amjad

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 / Decision on Leave (dismissed)

Legal Issues

  1. 1 Whether the TCAB decision was amenable to judicial review in the circumstances
  2. 2 Whether the TCAB committed errors of law, procedural unfairness or irrationality
  3. 3 Whether the applicant was denied sufficient time to collate and present evidence

Ratio Decidendi

The application for leave was dismissed because the TCAB applied the correct legal principles, considered the available materials, made no error of law or procedural unfairness or irrationality, the applicant produced no documentary evidence despite ample time to do so, and therefore there was no reasonably arguable claim with a realistic prospect of success.

Court Disposition

Application for leave to apply for judicial review dismissed.

Orders

  • Applicant's Form 86 be amended to name only the TCAB as the putative respondent, the DOI as a putative interested party and the TCAB Decision as the decision sought to be reviewed
  • The application for leave to apply for judicial review be dismissed.