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

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

Having anxiously scrutinised the decision, papers and evidence the Court concluded the applicant's grounds were reasonably arguable and some had a real prospect of success because the Board's decision showed material omissions and potential irrationality (failure to assess risks from TMVP and government, inadequate reasons, and possible reliance on adverse country information without opportunity to reply), therefore leave to apply for judicial review was granted.

Citation
[2025] HKCFI 3958
Parties
Applicant: KMM; 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
29 August 2025
Case Number
HCAL1082/2021
Procedural Posture
Judicial Review (non Refoulement) / Leave Granted
Outcome
Leave to apply for judicial review granted.
Legal Topics
BOR 2 Risk, BOR 3 Risk, Persecution Risk, Internal Relocation, Procedural Fairness, Adverse Country Information, Irrationality Review, Leave to Apply for Judicial Review
Source Language
EN
Constitutional Law Administrative Law Immigration Law Human Rights Law Asylum and Non Refoulement BOR 2 Risk BOR 3 Risk Persecution Risk +5 more

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Parties

KMM

Applicant

Torture Claims Appeal Board/Non-refoulement Claims Petition Office

Putative Respondent

Director of Immigration

Putative Interested Party

Procedural Posture

Judicial Review (non Refoulement) / Leave Granted

Legal Issues

  1. 1 Whether the Board failed to assess risk from TMVP and the Sri Lankan government/army in relation to BOR 3, Persecution Risk and internal relocation feasibility
  2. 2 Whether the Board irrationally characterized the applicant's fear as purely a personal dispute without adequate reasons
  3. 3 Whether the Board relied on adverse country of origin information without giving the applicant an opportunity to reply

Ratio Decidendi

Having anxiously scrutinised the decision, papers and evidence the Court concluded the applicant's grounds were reasonably arguable and some had a real prospect of success because the Board's decision showed material omissions and potential irrationality (failure to assess risks from TMVP and government, inadequate reasons, and possible reliance on adverse country information without opportunity to reply), therefore leave to apply for judicial review was granted.

Court Disposition

Leave to apply for judicial review granted.

Orders

  • Leave to apply for judicial review granted
  • Serve order granting leave and any directions on respondent and interested parties within 14 days