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

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

Leave to apply for judicial review was refused because the Applicant failed to show any arguable error of law, procedural unfairness or irrationality in the Board's decision; the Applicant provided insufficient evidence of risk under Article 2 HKBORO; the Director's decision was superseded by appeal to the Board and thus not independently reviewable; the Board's decision met the enhanced Wednesbury standard.

Citation
[2025] HKCFI 4202
Parties
Applicant: Aslam Muhammad; 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
17 September 2025
Case Number
HCAL1246/2020
Procedural Posture
Application for Leave to Apply for Judicial Review / Decision on Leave Application (leave Dismissed)
Outcome
Application for leave to apply for judicial review dismissed
Legal Topics
Non Refoulement, Torture Claims, Judicial Review, Wednesbury Unreasonableness, Leave to Apply for Judicial Review, Article 2 HKBORO (right to Life)
Source Language
EN
Constitutional Law Administrative Law Immigration Law Human Rights Law Procedural Fairness Non Refoulement Torture Claims Judicial Review +3 more

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Parties

Aslam Muhammad

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 (leave Dismissed)

Legal Issues

  1. 1 Whether leave to apply for judicial review should be granted
  2. 2 Whether the Board or Director erred in law or acted irrationally/Wednesbury unreasonably
  3. 3 Whether there was a breach of Article 2 HKBORO (right to life) on return

Ratio Decidendi

Leave to apply for judicial review was refused because the Applicant failed to show any arguable error of law, procedural unfairness or irrationality in the Board's decision; the Applicant provided insufficient evidence of risk under Article 2 HKBORO; the Director's decision was superseded by appeal to the Board and thus not independently reviewable; the Board's decision met the enhanced Wednesbury standard.

Court Disposition

Application for 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 Putative Respondent and the Director of Immigration as Putative Interested Party
  • The application for leave to apply for judicial review is dismissed