KHAN YOUSAF v. DIRECTOR OF IMMIGRATION AND ANOTHER [Decision on Leave Application]

KHAN YOUSAF v. DIRECTOR OF IMMIGRATION AND ANOTHER [Decision on Leave Application]

The Director's decision was not reviewable because it was superseded by the Board's decision; the Board's decision demonstrated no error of law, procedural unfairness or irrationality after anxious scrutiny, the applicant's grounds were overly general and lacked requisite particulars, and therefore the leave application was not a reasonably arguable claim and must be dismissed.

Citation
[2026] HKCFI 545
Parties
Applicant: Khan Yousaf; 1st Putative Respondent: Director of Immigration; 2nd Putative Respondent: Torture Claims Appeal Board; Putative Interested Party: Director of Immigration
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
4 February 2026
Case Number
HCAL331/2021
Procedural Posture
Judicial Review (leave Application) / Leave Application Determined (dismissed)
Outcome
Leave to apply for judicial review dismissed in respect of both the Director of Immigration's decision dated 23 February 2018 and the Torture Claims Appeal Board's decision dated 26 February 2021.
Legal Topics
Non Refoulement, Wednesbury Unreasonableness, Procedural Fairness, Credibility Findings, Internal Relocation, Burden and Standard of Proof
Source Language
EN
Administrative Law Immigration Law Human Rights Law Asylum and Non Refoulement Non Refoulement Wednesbury Unreasonableness Procedural Fairness Credibility Findings +2 more

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Parties

Khan Yousaf

Applicant

Director of Immigration

1st Putative Respondent

Torture Claims Appeal Board

2nd Putative Respondent

Director of Immigration

Putative Interested Party

Procedural Posture

Judicial Review (leave Application) / Leave Application Determined (dismissed)

Legal Issues

  1. 1 Whether the Director of Immigration's decision remained reviewable after the Board's decision
  2. 2 Whether the Torture Claims Appeal Board's decision contained errors of law, procedural unfairness or was irrational
  3. 3 Whether the applicant's grounds were sufficiently particularised to found a judicial review

Ratio Decidendi

The Director's decision was not reviewable because it was superseded by the Board's decision; the Board's decision demonstrated no error of law, procedural unfairness or irrationality after anxious scrutiny, the applicant's grounds were overly general and lacked requisite particulars, and therefore the leave application was not a reasonably arguable claim and must be dismissed.

Court Disposition

Leave to apply for judicial review dismissed in respect of both the Director of Immigration's decision dated 23 February 2018 and the Torture Claims Appeal Board's decision dated 26 February 2021.

Orders

  • 2nd putative respondent amended to Torture Claims Appeal Board
  • Director of Immigration added as putative interested party