HOSSAIN, MD. MONWAR v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

HOSSAIN, MD. MONWAR v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

Leave was refused because the applicant advanced only general assertions and sought to rely on evidence not presented to the Board; the Board's decision, after anxious scrutiny, disclosed no error of law, procedural unfairness or irrationality and therefore the claim was not reasonably arguable with realistic...

Source-derived case information.

Citation
[2025] HKCFI 6256
Parties
Applicant: Hossain, Md. Monwar; Putative Respondent: Torture Claims Appeal Board; Putative Interested Party: Director of Immigration
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
17 December 2025
Case Number
HCAL1750/2025
Procedural Posture
Application for Leave to Apply for Judicial Review / Decision on Leave Application (leave Dismissed)
Outcome
Leave to apply for judicial review dismissed.
Legal Topics
Non Refoulement, Leave to Apply for Judicial Review, Judicial Review Grounds, Admissibility of Fresh Evidence, Wednesbury Unreasonableness, Procedural Fairness, Country of Origin Information, Burden and Standard of Proof
Source Language
en
Constitutional Law Administrative Law Immigration Law Asylum Law Human Rights Law Non Refoulement Leave to Apply for Judicial Review Judicial Review Grounds +5 more

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Parties

Hossain, Md. Monwar

Applicant

Torture Claims Appeal Board

Putative Respondent

Director of Immigration

Putative Interested Party

Procedural Posture

Application for Leave to Apply for Judicial Review / Decision on Leave Application (leave Dismissed)

Legal Issues

  1. 1 Whether leave should be granted to challenge the Torture Claims Appeal Board's decision denying non-refoulement protection
  2. 2 Whether fresh evidence not presented to the Board can be relied on at the leave stage
  3. 3 Whether the Board's decision contained errors of law, procedural unfairness or irrationality

Ratio Decidendi

Leave was refused because the applicant advanced only general assertions and sought to rely on evidence not presented to the Board; the Board's decision, after anxious scrutiny, disclosed no error of law, procedural unfairness or irrationality and therefore the claim was not reasonably arguable with realistic prospects of success.

Court Disposition

Leave to apply for judicial review dismissed.

Orders

  • Amend applicant name to 'Hossain, Md. Monwar' in the proceedings
  • Add 'Director of Immigration' as putative interested party