AMIR KHAN v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

AMIR KHAN v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

Leave to apply for judicial review was refused because the applicant failed to identify any reasonably arguable legal error, irrationality or procedural unfairness in the Director's and Board's decisions; those decision‑makers reasonably assessed the risk as low, relied on credible findings about elapsed time, the father's return and death, availability of state protection and viable internal relocation, and judicial review is not a vehicle to re‑evaluate such factual assessments.

Citation
[2026] HKCFI 1189
Parties
Applicant: Amir Khan; Putative Respondent: Torture Claims Appeal Board; Putative Interested Party: Director of Immigration
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
27 February 2026
Case Number
HCAL254/2021
Procedural Posture
Application for Leave to Apply for Judicial Review / Leave Application Refused
Outcome
Leave to apply for judicial review refused
Legal Topics
Non Refoulement, Torture Claim, Judicial Review, Leave to Apply for Judicial Review, Internal Relocation, Procedural Fairness
Source Language
EN
Constitutional and Administrative Law Immigration Law Human Rights Law Non Refoulement Torture Claim Judicial Review Leave to Apply for Judicial Review Internal Relocation +1 more

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Parties

Amir Khan

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 Refused

Legal Issues

  1. 1 Whether there is an arguable error of law or procedural unfairness in the Board's decision
  2. 2 Whether the applicant faces a real risk of torture, inhuman or degrading treatment or persecution on return to Pakistan
  3. 3 Whether state protection or internal relocation are reasonable alternatives to non-refoulement

Ratio Decidendi

Leave to apply for judicial review was refused because the applicant failed to identify any reasonably arguable legal error, irrationality or procedural unfairness in the Director's and Board's decisions; those decision‑makers reasonably assessed the risk as low, relied on credible findings about elapsed time, the father's return and death, availability of state protection and viable internal relocation, and judicial review is not a vehicle to re‑evaluate such factual assessments.

Court Disposition

Leave to apply for judicial review refused

Orders

  • Leave to apply for judicial review refused
  • Application dismissed