KHAN IMRAN v. NON-REFOULEMENT CLAIMS PETITION OFFICE [Decision on Leave Application]

KHAN IMRAN v. NON-REFOULEMENT CLAIMS PETITION OFFICE [Decision on Leave Application]

The leave application was dismissed because the applicant failed to demonstrate any legal error, procedural unfairness or irrationality in the NRCPO decision, which was based on sound factual findings and fell within the range of reasonable decisions; judicial review is not a merits appeal to re-determine facts.

Citation
[2025] HKCFI 4645
Parties
Applicant: Khan Imran; Putative Respondent: Non-Refoulement Claims Petition Office; Putative Interested Party: Director of Immigration
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
8 October 2025
Case Number
HCAL594/2020
Procedural Posture
Application for Leave to Apply for Judicial Review / Leave Application Dismissed
Outcome
Leave application dismissed
Legal Topics
Non Refoulement, Judicial Review, Leave to Apply, Wednesbury Unreasonableness, Procedural Fairness, Torture and Ill Treatment Assessment
Source Language
EN
Constitutional Law Administrative Law Immigration Law Human Rights Law Refugee Law Non Refoulement Judicial Review Leave to Apply +3 more

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Parties

Khan Imran

Applicant

Non-Refoulement Claims Petition Office

Putative Respondent

Director of Immigration

Putative Interested Party

Procedural Posture

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

Legal Issues

  1. 1 Whether the NRCPO decision on the applicant's non-refoulement claim was Wednesbury unreasonable
  2. 2 Whether there was any legal error or procedural unfairness in the NRCPO decision
  3. 3 Whether the court should re-open factual findings made by the DI and NRCPO

Ratio Decidendi

The leave application was dismissed because the applicant failed to demonstrate any legal error, procedural unfairness or irrationality in the NRCPO decision, which was based on sound factual findings and fell within the range of reasonable decisions; judicial review is not a merits appeal to re-determine facts.

Court Disposition

Leave application dismissed

Orders

  • Form 86 be amended to name the Non-Refoulement Claims Petition Office as the putative respondent, the NRCPO's Decision as the decision sought to be reviewed and the Director of Immigration as the putative interested party.
  • The application for leave to apply for judicial review is dismissed.