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

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

The application for leave was dismissed because the applicant filed out of time without good reason to extend the filing period and failed to establish any reasonably arguable public law grounds to challenge the TCAB decision; the TCAB's adverse credibility and evidence findings and conclusions on state protection...

Source-derived case information.

Citation
[2026] HKCFI 752
Parties
Applicant: Khan Anwar; 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
5 March 2026
Case Number
HCAL1375/2020
Procedural Posture
Judicial Review Leave to Apply / Application for Leave (dismissed)
Outcome
Application for leave to apply for judicial review dismissed; Form 86 amended to name only the Director of Immigration as Putative Interested Party
Legal Topics
Non Refoulement, Torture Risk, Delay and Limitation, Judicial Review Leave, Credibility Assessment, State Protection
Source Language
en
Administrative Law Immigration Law Constitutional Law Human Rights Law Non Refoulement Torture Risk Delay and Limitation Judicial Review Leave +2 more

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Parties

Khan Anwar

Applicant

Torture Claims Appeal Board/Non-refoulement Claims Petition Office

Putative Respondent

Director of Immigration

Putative Interested Party

Procedural Posture

Judicial Review Leave to Apply / Application for Leave (dismissed)

Legal Issues

  1. 1 Whether the TCAB/NRCPO decision contained errors of law or procedural unfairness sufficient to warrant judicial review
  2. 2 Whether the applicant provided good reason to extend time for a leave application filed out of time
  3. 3 Whether the applicant identified reasonably arguable grounds of public law error

Ratio Decidendi

The application for leave was dismissed because the applicant filed out of time without good reason to extend the filing period and failed to establish any reasonably arguable public law grounds to challenge the TCAB decision; the TCAB's adverse credibility and evidence findings and conclusions on state protection and risk were not shown to be legally flawed, procedurally unfair or irrational under the enhanced Wednesbury standard.

Court Disposition

Application for leave to apply for judicial review dismissed; Form 86 amended to name only the Director of Immigration as Putative Interested Party

Orders

  • Form 86 amended to name only the Director of Immigration as the Putative Interested Party
  • Application for leave to apply for judicial review dismissed