HASHMI MUHAMMAD JAVED v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

HASHMI MUHAMMAD JAVED v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

Leave to apply for judicial review was refused because the applicant failed to identify any reasonably arguable error of law, irrationality or procedural unfairness in the Director's or the Board's decisions; both decision-makers reasonably assessed credibility, treated the harm as a private land dispute, and found...

Source-derived case information.

Citation
[2025] HKCFI 4517
Parties
Applicant: Hashmi Muhammad Javed; Putative Respondent: Torture Claims Appeal Board; Putative Interested Party: Director of Immigration
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
30 September 2025
Case Number
HCAL1604/2020
Procedural Posture
Application for Leave to Apply for Judicial Review / Leave Application (refused)
Outcome
Leave to apply for judicial review refused
Legal Topics
Non Refoulement, Torture, Article 3 HKBOR, Article 2 HKBOR, Internal Relocation, Jurisdictional Review, Leave to Apply for Judicial Review
Source Language
en
Immigration Law Administrative Law Constitutional Law Human Rights Law Non Refoulement Torture Article 3 HKBOR Article 2 HKBOR +3 more

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Parties

Hashmi Muhammad Javed

Applicant

Torture Claims Appeal Board

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 leave to apply for judicial review should be granted
  2. 2 Whether the Director and the Board made errors of law, irrational findings or acted with procedural unfairness
  3. 3 Whether the applicant established a real and foreseeable risk engaging non-refoulement protection (Torture/BOR/Refugee grounds)

Ratio Decidendi

Leave to apply for judicial review was refused because the applicant failed to identify any reasonably arguable error of law, irrationality or procedural unfairness in the Director's or the Board's decisions; both decision-makers reasonably assessed credibility, treated the harm as a private land dispute, and found state protection and internal relocation available, such that judicial review as a rehearing was inappropriate.

Court Disposition

Leave to apply for judicial review refused

Orders

  • Leave to apply for judicial review refused