ARZAGA CHRISTOPHER JOHN CO v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE [Decision on Leave Application]

ARZAGA CHRISTOPHER JOHN CO v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE [Decision on Leave Application]

The leave application was dismissed because the applicant failed to identify grounds or make full disclosure in the Form 86 and did not demonstrate any error of law, procedural unfairness or irrationality in the Board's Decision; the Board's factual findings that state protection and internal relocation were...

Source-derived case information.

Citation
[2026] HKCFI 766
Parties
Applicant: Arzaga Christopher John Co; 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
13 February 2026
Case Number
HCAL931/2021
Procedural Posture
Application for Leave to Apply for Judicial Review / Decision on Leave (leave Dismissed)
Outcome
Applicant's application for leave to apply for judicial review dismissed.
Legal Topics
Non Refoulement, Torture Risk, HKBOR Article 2 (right to Life), HKBOR Article 3 (prohibition of Torture), Persecution Risk, Unified Screening Mechanism (usm), Standard of Judicial Review / Leave Threshold
Source Language
en
Immigration Constitutional Law Administrative Law Human Rights Law Non Refoulement Torture Risk HKBOR Article 2 (right to Life) HKBOR Article 3 (prohibition of Torture) +3 more

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Parties

Arzaga Christopher John Co

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 (leave Dismissed)

Legal Issues

  1. 1 Whether the applicant demonstrated errors of law, procedural unfairness or irrationality in the Board's Decision
  2. 2 Whether the applicant faces a real risk of torture, violation of right to life, or persecution if returned to the Philippines
  3. 3 Whether state protection or internal relocation are reasonably available

Ratio Decidendi

The leave application was dismissed because the applicant failed to identify grounds or make full disclosure in the Form 86 and did not demonstrate any error of law, procedural unfairness or irrationality in the Board's Decision; the Board's factual findings that state protection and internal relocation were reasonably available rendered the intended challenge not reasonably arguable.

Court Disposition

Applicant's application for leave to apply for judicial review dismissed.

Orders

  • Form 86 be amended on the court's own motion.
  • Applicant's application for leave to apply for judicial review be dismissed.