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

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

Extension of time was refused and the application for leave dismissed because the applicant filed more than eight months late without adequate explanation, and he failed to demonstrate any realistic prospect of success given the Board's findings that his allegations were bare and unsubstantiated, that he produced no documentary proof (land title), and that internal relocation and low risk on return made the claim untenable.

Citation
[2025] HKCFI 4671
Parties
Applicant: Faizan 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
23 October 2025
Case Number
HCAL1601/2025
Procedural Posture
Application for Leave to Apply for Judicial Review / Decision on Extension of Time and Dismissal of Leave Application
Outcome
Extension of time refused; application for leave to apply for judicial review dismissed.
Legal Topics
Non Refoulement, Torture, Refoulement, Extension of Time, Leave to Apply for Judicial Review, Internal Relocation, Procedural Fairness, Country of Origin Information
Source Language
EN
Constitutional Law Administrative Law Immigration Law Human Rights Law Refugee and Asylum Law Judicial Review Non Refoulement Torture +6 more

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Parties

Faizan 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 Extension of Time and Dismissal of Leave Application

Legal Issues

  1. 1 Whether to grant extension of time for applying for leave to apply for judicial review
  2. 2 Whether the proposed judicial review has a realistic prospect of success
  3. 3 Whether the Board erred in law or acted irrationally or procedurally unfairly

Ratio Decidendi

Extension of time was refused and the application for leave dismissed because the applicant filed more than eight months late without adequate explanation, and he failed to demonstrate any realistic prospect of success given the Board's findings that his allegations were bare and unsubstantiated, that he produced no documentary proof (land title), and that internal relocation and low risk on return made the claim untenable.

Court Disposition

Extension of time refused; application for leave to apply for judicial review dismissed.

Orders

  • The extension of time for the application for judicial review is refused.
  • The application for leave to apply for judicial review is dismissed.