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

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

Leave to apply for judicial review was dismissed because the applicant had died (per immigration records), the application was therefore moot and pointless to determine, and no grounds for judicial review were pleaded in the Form 86 or supporting affirmation.

Citation
[2025] HKCFI 3029
Parties
Applicant: Khan Tarik; 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
16 July 2025
Case Number
HCAL636/2020
Procedural Posture
Application for Leave to Apply for Judicial Review / Leave Application (determined on Paper)
Outcome
Leave to apply for judicial review dismissed.
Legal Topics
Non Refoulement, Torture Claims, Mootness, Leave to Apply for Judicial Review
Source Language
EN
Constitutional and Administrative Law Immigration Law Human Rights Law Judicial Review Procedure Non Refoulement Torture Claims Mootness Leave to Apply for Judicial Review

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Parties

Khan Tarik

Applicant

Torture Claims Appeal Board / 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 (determined on Paper)

Legal Issues

  1. 1 Whether leave to apply for judicial review should be granted
  2. 2 Whether the application is moot due to the applicant's death
  3. 3 Whether the applicant pleaded grounds sufficient for leave

Ratio Decidendi

Leave to apply for judicial review was dismissed because the applicant had died (per immigration records), the application was therefore moot and pointless to determine, and no grounds for judicial review were pleaded in the Form 86 or supporting affirmation.

Court Disposition

Leave to apply for judicial review dismissed.

Orders

  • Leave to apply for judicial review dismissed.