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

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

The leave application was dismissed because the Applicant failed to demonstrate any reasonably arguable grounds of error of law, procedural unfairness or irrationality: the Board had considered the COI and evidence, gave adequate reasons for rejecting the claim and its findings (including findings of unreliability) satisfied the enhanced Wednesbury standard applicable to non-refoulement cases.

Citation
[2025] HKCFI 4435
Parties
Applicant: Bashir Rashid; 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
23 September 2025
Case Number
HCAL2333/2020
Procedural Posture
Leave Application for Judicial Review / Decision on Leave Application (dismissed)
Outcome
Leave application dismissed; Form 86 amended to name the Director of Immigration as Putative Interested Party
Legal Topics
Non Refoulement, Torture (convention Against Torture), Judicial Review, Procedural Impropriety, Wednesbury Unreasonableness, Country of Origin Information (coi), Internal Relocation
Source Language
EN
Administrative Law Immigration Law Human Rights Law Constitutional Law Non Refoulement Torture (convention Against Torture) Judicial Review Procedural Impropriety +3 more

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Parties

Bashir Rashid

Applicant

Torture Claims Appeal Board/Non-refoulement Claims Petition Office

Putative Respondent

Director of Immigration

Putative Interested Party

Procedural Posture

Leave Application for Judicial Review / Decision on Leave Application (dismissed)

Legal Issues

  1. 1 Whether the Applicant demonstrated arguable grounds for judicial review of the Board's decision
  2. 2 Whether there was procedural impropriety in the Board's handling of COI and risk assessment
  3. 3 Whether the Board provided adequate reasons for rejecting BOR 2/BOR 3 risks and for finding the Applicant's evidence unreliable

Ratio Decidendi

The leave application was dismissed because the Applicant failed to demonstrate any reasonably arguable grounds of error of law, procedural unfairness or irrationality: the Board had considered the COI and evidence, gave adequate reasons for rejecting the claim and its findings (including findings of unreliability) satisfied the enhanced Wednesbury standard applicable to non-refoulement cases.

Court Disposition

Leave application dismissed; Form 86 amended to name the Director of Immigration as Putative Interested Party

Orders

  • Form 86 to be amended to name the Director of Immigration as the Putative Interested Party
  • The application for leave to apply for judicial review is dismissed