IDREES AMIR v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

IDREES AMIR v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

Leave was refused because the applicant failed to plead any arguable grounds showing that the TCAB erred in law or acted irrationally; the TCAB's factual conclusion that the risk was unsubstantiated and that internal relocation was viable was not demonstrated to be legally wrong or irrational.

Citation
[2025] HKCFI 6244
Parties
Applicant: Idrees Amir; Putative Respondent: Torture Claims Appeal Board; Putative Interested Party: Director of Immigration
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
12 December 2025
Case Number
HCAL42/2020
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 2 Hong Kong Bill of Rights (right to Life), Article 3 Hong Kong Bill of Rights (cruel, Inhuman or Degrading Treatment), Refugee Convention Article 33, Judicial Review Leave Stage, Internal Relocation/relocation Alternative
Source Language
EN
Constitutional and Administrative Law Immigration Law Human Rights Law Non Refoulement Torture Article 2 Hong Kong Bill of Rights (right to Life) Article 3 Hong Kong Bill of Rights (cruel, Inhuman or Degrading Treatment) Refugee Convention Article 33 +2 more

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Parties

Idrees Amir

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 the TCAB erred in law or acted irrationally in rejecting the non-refoulement claim
  2. 2 Whether the applicant established a torture risk under Part VIIC Immigration Ordinance (Cap.115)
  3. 3 Whether the applicant established risk to life under Article 2 BOR

Ratio Decidendi

Leave was refused because the applicant failed to plead any arguable grounds showing that the TCAB erred in law or acted irrationally; the TCAB's factual conclusion that the risk was unsubstantiated and that internal relocation was viable was not demonstrated to be legally wrong or irrational.

Court Disposition

Leave to apply for judicial review refused.

Orders

  • Leave to apply for judicial review be refused.