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

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

Leave to apply for judicial review was granted because the court was satisfied on the material before it that the grounds advanced were arguable and the proposed review had a real prospect of success; the court did not determine the merits of the underlying Board decision.

Citation
[2025] HKCFI 321
Parties
Applicant: AM; 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
16 January 2025
Case Number
HCAL1425/2021
Procedural Posture
Judicial Review / Application for Leave to Apply for Judicial Review; Leave Granted (16 January 2025)
Outcome
Leave to apply for judicial review granted.
Legal Topics
Non Refoulement, Torture (convention Against Torture), Unified Screening Mechanism (usm), Procedural Fairness, Judicial Review Leave Stage
Source Language
EN
Constitutional and Administrative Law Immigration Law Human Rights Refugee and Asylum Law International Law Non Refoulement Torture (convention Against Torture) Unified Screening Mechanism (usm) +2 more

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Parties

AM

Applicant

Torture Claims Appeal Board/Non-refoulement Claims Petition Office

Putative Respondent

Director of Immigration

Putative Interested Party

Procedural Posture

Judicial Review / Application for Leave to Apply for Judicial Review; Leave Granted (16 January 2025)

Legal Issues

  1. 1 Whether the Board's 14 July 2021 decision lawfully rejected the Applicant's USM non-refoulement claims
  2. 2 Whether the Director and the Board failed to properly assess risk of harm from Khatam-e-Nabuwat members if the Applicant is returned to Pakistan
  3. 3 Whether the Board misapplied or ignored material evidence and relevant legal standards in rejecting the Applicant's claim

Ratio Decidendi

Leave to apply for judicial review was granted because the court was satisfied on the material before it that the grounds advanced were arguable and the proposed review had a real prospect of success; the court did not determine the merits of the underlying Board decision.

Court Disposition

Leave to apply for judicial review granted.

Orders

  • Leave to apply for judicial review granted to the Applicant on the grounds as stated in the amended Form 86.
  • No order as to costs, save that the Applicant's own costs shall be taxed in accordance with the Legal Aid Regulations.