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

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

The TCAB correctly applied section 37ZG, there was no evidence the Applicant was prevented by circumstances beyond his control from filing the SCF, the hearing was procedurally fair, and no error of law, irrationality or procedural unfairness was shown; therefore there was no reasonably arguable case and leave is dismissed.

Citation
[2026] HKCFI 692
Parties
Applicant: Amarjit; 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
27 February 2026
Case Number
HCAL2418/2020
Procedural Posture
Application for Leave to Apply for Judicial Review / Leave Application Dismissed
Outcome
Leave to apply for judicial review dismissed
Legal Topics
Non Refoulement, Re Opening of Claims Under Section 37 ZG, Leave to Apply for Judicial Review, Procedural Fairness, Standard of Review
Source Language
EN
Constitutional Law Administrative Law Immigration Law Human Rights Law Non Refoulement Re Opening of Claims Under Section 37 ZG Leave to Apply for Judicial Review Procedural Fairness +1 more

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Parties

Amarjit

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 / Leave Application Dismissed

Legal Issues

  1. 1 Whether the Torture Claims Appeal Board erred in law, acted irrationally or acted with procedural unfairness in refusing to re-open the Applicant's non-refoulement claim under section 37ZG(3) of the Immigration Ordinance
  2. 2 Whether the Applicant identified reasonably arguable grounds and evidence to obtain leave for judicial review
  3. 3 Whether the Court should interfere with factual findings of the TCAB given the limited role of judicial review and enhanced scrutiny in non-refoulement cases

Ratio Decidendi

The TCAB correctly applied section 37ZG, there was no evidence the Applicant was prevented by circumstances beyond his control from filing the SCF, the hearing was procedurally fair, and no error of law, irrationality or procedural unfairness was shown; therefore there was no reasonably arguable case and leave is dismissed.

Court Disposition

Leave to apply for judicial review dismissed

Orders

  • Form 86 be amended to name the Torture Claims Appeal Board / Non-refoulement Claims Petition Office as the Putative Respondent and the Director of Immigration as the Putative Interested Party
  • The application for leave to apply for judicial review is dismissed