IFTIKHAR ALI v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

IFTIKHAR ALI v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

Leave to apply for judicial review was refused because the applicant's grounds were bare, vague and lacked necessary particulars and were not reasonably arguable; the Board and Director applied the correct legal tests, there was no demonstrable legal error or procedural unfairness, the risk was assessed as localized...

Source-derived case information.

Citation
[2025] HKCFI 5149
Parties
Applicant: Iftikhar Ali; Putative Respondent: Torture Claims Appeal Board; Putative Interested Party: Director of Immigration
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
31 October 2025
Case Number
HCAL1940/2020
Procedural Posture
Application for Leave to Apply for Judicial Review / Leave to Apply for Judicial Review Refused
Outcome
Leave to apply for judicial review refused
Legal Topics
Non Refoulement, Torture (article 3 Hkbor), Right to Life (article 2 Hkbor), State Acquiescence and Duty of Due Diligence, Internal Relocation, Judicial Review (leave), Procedural Fairness, Wednesbury Unreasonableness, Country of Origin Information (coi)
Source Language
en
Constitutional and Administrative Law Immigration Law Human Rights Law Non Refoulement Torture (article 3 Hkbor) Right to Life (article 2 Hkbor) State Acquiescence and Duty of Due Diligence Internal Relocation +4 more

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Parties

Iftikhar Ali

Applicant

Torture Claims Appeal Board

Putative Respondent

Director of Immigration

Putative Interested Party

Procedural Posture

Application for Leave to Apply for Judicial Review / Leave to Apply for Judicial Review Refused

Legal Issues

  1. 1 Whether the Board failed to consider state acquiescence and duty of due diligence
  2. 2 Whether the adjudicator relied improperly on COI and failed to consider the applicant's personal background
  3. 3 Whether there was procedural unfairness or Wednesbury irrationality in the Board's decision

Ratio Decidendi

Leave to apply for judicial review was refused because the applicant's grounds were bare, vague and lacked necessary particulars and were not reasonably arguable; the Board and Director applied the correct legal tests, there was no demonstrable legal error or procedural unfairness, the risk was assessed as localized and low, state involvement was not shown and internal relocation was reasonably available, so no prospect of success on judicial review existed.

Court Disposition

Leave to apply for judicial review refused

Orders

  • Leave to apply for judicial review be refused.
  • Application dismissed.