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

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

The application for extension of time is refused because the leave application was filed more than three months after the Board's Decision and the applicant failed to demonstrate any realistic prospect of success on the merits; the Board's factual findings (no genuine and substantial risk, availability of state protection and viable internal relocation) were within its province and did not disclose error of law or procedural unfairness, therefore leave to apply for judicial review is refused.

Citation
[2026] HKCFI 2063
Parties
Applicant: Fahad Ali; 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
21 April 2026
Case Number
HCAL1421/2025
Procedural Posture
Application for Leave to Apply for Judicial Review / Leave Application Refused
Outcome
Leave to apply for judicial review refused; application dismissed; extension of time refused
Legal Topics
Non Refoulement, Judicial Review, Delay/extension of Time, State Protection, Country of Origin Information (coi), Torture/cidtp, Refugee Convention Article 33, HKBOR Article 2 and Article 3
Source Language
EN
Administrative Law Immigration Law Constitutional Law Human Rights Law Non Refoulement Judicial Review Delay/extension of Time State Protection +4 more

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Parties

Fahad Ali

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 / Leave Application Refused

Legal Issues

  1. 1 Whether to extend time for filing leave application
  2. 2 Whether the Board erred in law or committed procedural unfairness
  3. 3 Whether the Board improperly relied on country of origin information without adequate regard to individual evidence

Ratio Decidendi

The application for extension of time is refused because the leave application was filed more than three months after the Board's Decision and the applicant failed to demonstrate any realistic prospect of success on the merits; the Board's factual findings (no genuine and substantial risk, availability of state protection and viable internal relocation) were within its province and did not disclose error of law or procedural unfairness, therefore leave to apply for judicial review is refused.

Court Disposition

Leave to apply for judicial review refused; application dismissed; extension of time refused

Orders

  • Refuse leave to apply for judicial review of the Torture Claims Appeal Board's Decision dated 18 May 2023
  • Refuse extension of time to apply for leave and dismiss the application