ASHRAF SHABIR v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

ASHRAF SHABIR v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

Leave to apply for judicial review dismissed because the Director and the Board carried out lawful and fair evaluations, the applicant's complaints about lack of representation, language assistance and absence of a further oral hearing were not reasonably arguable, BOR 2 was not engaged on the facts, internal...

Source-derived case information.

Citation
[2025] HKCFI 4673
Parties
Applicant: Ashraf Shabir; Putative Respondent: Torture Claims Appeal Board; Putative Interested Party: Director of Immigration
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
9 October 2025
Case Number
HCAL2033/2020
Procedural Posture
Application for Leave to Apply for Judicial Review / Leave Application
Outcome
Application for leave to apply for judicial review dismissed.
Legal Topics
Non Refoulement, Torture and Ill Treatment, Right to Life (bor 2), Judicial Review, Procedural Fairness, Internal Relocation
Source Language
en
Constitutional Law Administrative Law Immigration Law Human Rights Law Non Refoulement Torture and Ill Treatment Right to Life (bor 2) Judicial Review +2 more

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Parties

Ashraf Shabir

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

Legal Issues

  1. 1 Whether the Board and Director erred in law or committed procedural unfairness in rejecting the applicant's BOR 2 claim
  2. 2 Whether the applicant was entitled to legal representation at all stages
  3. 3 Whether language assistance was required

Ratio Decidendi

Leave to apply for judicial review dismissed because the Director and the Board carried out lawful and fair evaluations, the applicant's complaints about lack of representation, language assistance and absence of a further oral hearing were not reasonably arguable, BOR 2 was not engaged on the facts, internal relocation and state protection were reasonable, and no legal error or procedural unfairness was identified.

Court Disposition

Application for leave to apply for judicial review dismissed.

Orders

  • The application for leave to apply for judicial review be dismissed.