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

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

The leave application was dismissed because the prescribed Form 86 and the affirmation in support did not provide any grounds to support the leave application, which is a fatal procedural defect warranting dismissal.

Citation
[2024] HKCFI 3259
Parties
Applicant: Md Abul Hasan; 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
27 November 2024
Case Number
HCAL96/2021
Procedural Posture
Application for Leave to Apply for Judicial Review / Leave Stage (dismissed)
Outcome
Leave to apply for Judicial Review dismissed.
Legal Topics
Non Refoulement, Torture Claims, Leave for Judicial Review, Procedural Requirements (form 86)
Source Language
EN
Immigration Law Constitutional Law Administrative Law Human Rights Law Non Refoulement Torture Claims Leave for Judicial Review Procedural Requirements (form 86)

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Parties

Md Abul Hasan

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 Stage (dismissed)

Legal Issues

  1. 1 Whether the applicant provided grounds in Form 86 and the supporting affirmation to sustain a leave application
  2. 2 Whether absence of any grounds in Form 86 justifies dismissal of the leave application
  3. 3 Effect of the applicant's reported death on the proceedings

Ratio Decidendi

The leave application was dismissed because the prescribed Form 86 and the affirmation in support did not provide any grounds to support the leave application, which is a fatal procedural defect warranting dismissal.

Court Disposition

Leave to apply for Judicial Review dismissed.

Orders

  • Leave to apply for Judicial Review dismissed.