CHAM EBRIMA v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

CHAM EBRIMA v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

Leave to apply for judicial review was refused because the applicant failed to identify any arguable legal grounds, the Board properly assessed credibility and risk and made findings open to it, and the court found no error of law, procedural unfairness or irrationality in the Board's decision of 4 June 2020.

Citation
[2025] HKCFI 5531
Parties
Applicant: Cham Ebrima; Putative Respondent: Torture Claims Appeal Board; Putative Interested Party: Director of Immigration
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
19 November 2025
Case Number
HCAL1211/2020
Procedural Posture
Judicial Review (leave Application) / Leave Application Dismissed
Outcome
Application for leave to apply for judicial review dismissed.
Legal Topics
Non Refoulement, Unified Screening Mechanism, Judicial Review Leave, Procedural Fairness, Wednesbury Unreasonableness
Source Language
EN
Constitutional and Administrative Law Immigration Human Rights Refugee Law Non Refoulement Unified Screening Mechanism Judicial Review Leave Procedural Fairness +1 more

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Parties

Cham Ebrima

Applicant

Torture Claims Appeal Board

Putative Respondent

Director of Immigration

Putative Interested Party

Procedural Posture

Judicial Review (leave Application) / Leave Application Dismissed

Legal Issues

  1. 1 Whether leave to apply for judicial review should be granted
  2. 2 Whether the Board's decision of 4 June 2020 contained errors of law, procedural unfairness or irrationality
  3. 3 Assessment of non-refoulement risk and credibility findings

Ratio Decidendi

Leave to apply for judicial review was refused because the applicant failed to identify any arguable legal grounds, the Board properly assessed credibility and risk and made findings open to it, and the court found no error of law, procedural unfairness or irrationality in the Board's decision of 4 June 2020.

Court Disposition

Application for leave to apply for judicial review dismissed.

Orders

  • Name of putative respondent amended to Torture Claims Appeal Board and name of putative interested party amended to Director of Immigration (court's own motion).
  • Decision in respect of which relief is sought amended to the Torture Claims Appeal Board's decision dated 4 June 2020 (court's own motion).