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

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

The leave application was dismissed because the applicant had been granted permission to stay in Hong Kong on 2 March 2022 and therefore no longer required non-refoulement protection, rendering the application for leave academic.

Citation
[2026] HKCFI 2080
Parties
Applicant: Khan Naveed; 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
17 April 2026
Case Number
HCAL943/2021
Procedural Posture
Leave to Apply for Judicial Review / Leave Application Dismissed (notification Under Order 53 R 3)
Outcome
Leave application dismissed
Legal Topics
Non Refoulement, Torture Risk (immigration Ordinance Part Viic), HKBOR Article 2 (right to Life), HKBOR Article 3 (prohibition of Torture), Persecution/refugee Risk (article 33 UN Refugee Convention), Unified Screening Mechanism (usm), Judicial Review — Leave Stage
Source Language
EN
Administrative Law Immigration Law Constitutional Law Human Rights Law Non Refoulement Torture Risk (immigration Ordinance Part Viic) HKBOR Article 2 (right to Life) HKBOR Article 3 (prohibition of Torture) +3 more

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Parties

Khan Naveed

Applicant

Torture Claims Appeal Board/Non-Refoulement Claims Petition Office

Putative Respondent

Director of Immigration

Putative Interested Party

Procedural Posture

Leave to Apply for Judicial Review / Leave Application Dismissed (notification Under Order 53 R 3)

Legal Issues

  1. 1 Whether leave should be granted to judicially review the Board's decision of 3 May 2021 and the Director's decision of 22 August 2018
  2. 2 Whether the applicant's grant of permission to stay in Hong Kong renders the leave application moot
  3. 3 Whether the non-refoulement and torture/persecution grounds established under USM, Immigration Ordinance and HKBOR remained engaged

Ratio Decidendi

The leave application was dismissed because the applicant had been granted permission to stay in Hong Kong on 2 March 2022 and therefore no longer required non-refoulement protection, rendering the application for leave academic.

Court Disposition

Leave application dismissed

Orders

  • Applicant's application for leave to apply for judicial review against the Board's Decision dated 3 May 2021 is dismissed.