KHAN AZMAT v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

KHAN AZMAT v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

Leave to apply for judicial review was refused because the application was filed 28 days out of time with no justification and, on merits, the Board's Decision disclosed no error of law, procedural unfairness or irrationality and the applicant lacked a reasonably arguable claim with realistic prospects of success.

Citation
[2025] HKCFI 2449
Parties
Applicant: Khan Azmat; Putative Respondent: Torture Claims Appeal Board; Putative Interested Party: Director of Immigration
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
17 June 2025
Case Number
HCAL955/2020
Procedural Posture
Judicial Review Leave to Apply / Leave Application (dismissed)
Outcome
Leave application dismissed
Legal Topics
Non Refoulement, Judicial Review, Leave to Apply, Delay/extension of Time, Unified Screening Mechanism
Source Language
EN
Administrative Law Constitutional Law Immigration Law Human Rights Law Non Refoulement Judicial Review Leave to Apply Delay/extension of Time +1 more

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Parties

Khan Azmat

Applicant

Torture Claims Appeal Board

Putative Respondent

Director of Immigration

Putative Interested Party

Procedural Posture

Judicial Review Leave to Apply / Leave Application (dismissed)

Legal Issues

  1. 1 Whether the leave application should be granted
  2. 2 Whether the application was time‑barred and whether time should be extended
  3. 3 Whether the Board's decision contained any error of law, procedural unfairness or irrationality

Ratio Decidendi

Leave to apply for judicial review was refused because the application was filed 28 days out of time with no justification and, on merits, the Board's Decision disclosed no error of law, procedural unfairness or irrationality and the applicant lacked a reasonably arguable claim with realistic prospects of success.

Court Disposition

Leave application dismissed

Orders

  • Add Torture Claims Appeal Board as the putative respondent
  • Add Director of Immigration as the putative interested party