MOHAMMED RAHIS v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

MOHAMMED RAHIS v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

The application for leave was dismissed because the applicant failed to pursue the statutory appeal route and failed to satisfy the statutory requirement in s37ZG(3) to demonstrate due diligence for not returning the SCF; absent exhaustion of the statutory appeal and requisite evidence, there was no legal or...

Source-derived case information.

Citation
[2025] HKCFI 6469
Parties
Applicant: Mohammed Rahis; Putative Respondent: Torture Claims Appeal Board; Putative Interested Party: Director of Immigration
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
31 December 2025
Case Number
HCAL606/2021
Procedural Posture
Application for Leave to Apply for Judicial Review / Leave Application Dismissed (consideration of Documents)
Outcome
Application for leave to apply for judicial review dismissed.
Legal Topics
Non Refoulement, Torture, Re Opening of Claims, Procedural Default, Exhaustion of Statutory Remedies, Unified Screening Mechanism
Source Language
en
Immigration Law Constitutional Law Administrative Law Human Rights Law Non Refoulement Torture Re Opening of Claims Procedural Default +2 more

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 6 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Mohammed Rahis

Applicant

Torture Claims Appeal Board

Putative Respondent

Director of Immigration

Putative Interested Party

Procedural Posture

Application for Leave to Apply for Judicial Review / Leave Application Dismissed (consideration of Documents)

Legal Issues

  1. 1 Whether applicant may pursue judicial review instead of statutory appeal to the Torture Claims Appeal Board
  2. 2 Whether applicant satisfied s37ZG(3) of the Immigration Ordinance to show due diligence for failure to return the Supplementary Claim Form
  3. 3 Whether the Director lawfully refused to re-open the non-refoulement claim under s37ZR(a) of the Immigration Ordinance

Ratio Decidendi

The application for leave was dismissed because the applicant failed to pursue the statutory appeal route and failed to satisfy the statutory requirement in s37ZG(3) to demonstrate due diligence for not returning the SCF; absent exhaustion of the statutory appeal and requisite evidence, there was no legal or procedural basis to substitute judicial review for the prescribed appeal mechanism.

Court Disposition

Application for leave to apply for judicial review dismissed.

Orders

  • The application for leave to apply for judicial review is dismissed.