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

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

The application for leave was dismissed because it was plainly out of time with no extension sought and, on merits, the TCAB decision demonstrated no error of law, procedural unfairness or irrationality such that judicial review or an extension of time would be justified.

Citation
[2025] HKCFI 4638
Parties
Applicant: Ansar Hossain; 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
9 October 2025
Case Number
HCAL1864/2020
Procedural Posture
Application for Leave to Apply for Judicial Review / Decision on Leave Application (dismissed)
Outcome
Application for leave to apply for judicial review dismissed
Legal Topics
Non Refoulement, Judicial Review, Time Limits and Extension of Time, Procedural Fairness, Standard of Review
Source Language
EN
Constitutional and Administrative Law Immigration Law Human Rights Law Non Refoulement Judicial Review Time Limits and Extension of Time Procedural Fairness Standard of Review

Case Brief

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Parties

Ansar Hossain

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 Application (dismissed)

Legal Issues

  1. 1 Whether the application for leave was out of time and whether extension of time should be granted
  2. 2 Whether the Torture Claims Appeal Board (TCAB) decision contained any error of law
  3. 3 Whether there was procedural unfairness in the TCAB process

Ratio Decidendi

The application for leave was dismissed because it was plainly out of time with no extension sought and, on merits, the TCAB decision demonstrated no error of law, procedural unfairness or irrationality such that judicial review or an extension of time would be justified.

Court Disposition

Application for leave to apply for judicial review dismissed

Orders

  • Form 86 amended to name the Torture Claims Appeal Board as putative respondent and the Director of Immigration as sole putative interested party
  • The application for leave to apply for judicial review is dismissed