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

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

Leave was refused because the applicant failed to advance any particularized grounds of review and the Board's Decision, based on credibility findings, country information and viable internal relocation, disclosed no error of law, procedural unfairness or irrationality warranting intervention on judicial review.

Citation
[2026] HKCFI 1057
Parties
Applicant: Bilal; 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
20 February 2026
Case Number
HCAL280/2021
Procedural Posture
Judicial Review Leave to Apply / Leave Application (refused)
Outcome
Form 86 amended on the Court's own motion; leave to apply for judicial review refused
Legal Topics
Non Refoulement, Judicial Review, Credibility Assessment, Internal Relocation, Wednesbury Unreasonableness
Source Language
EN
Constitutional and Administrative Law Immigration Human Rights Non Refoulement Judicial Review Credibility Assessment Internal Relocation Wednesbury Unreasonableness

Case Brief

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Parties

Bilal

Applicant

Torture Claims Appeal Board/Non-refoulement Claims Petition Office

Putative Respondent

Director of Immigration

Putative Interested Party

Procedural Posture

Judicial Review Leave to Apply / Leave Application (refused)

Legal Issues

  1. 1 Whether the Board's decision involved error of law
  2. 2 Whether there was procedural unfairness
  3. 3 Whether the Decision was irrational or Wednesbury unreasonable

Ratio Decidendi

Leave was refused because the applicant failed to advance any particularized grounds of review and the Board's Decision, based on credibility findings, country information and viable internal relocation, disclosed no error of law, procedural unfairness or irrationality warranting intervention on judicial review.

Court Disposition

Form 86 amended on the Court's own motion; leave to apply for judicial review refused

Orders

  • Form 86 be amended on the Court's own motion to refer to the Board's decision dated 18 January 2021
  • Leave to apply for Judicial Review be refused