MUHAMMAD IKRAM v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

MUHAMMAD IKRAM v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

The Board properly refused the almost three‑month late filing because the delay was substantial and the applicant’s unsupported explanation did not amount to a good reason; the Director reasonably rejected the non‑refoulement claim as localized with available state protection and feasible internal relocation; no arguable error of law or procedural unfairness was identified and the leave application was therefore dismissed.

Citation
[2024] HKCFI 2854
Parties
Applicant: Muhammad Ikram; Putative Respondent: Torture Claims Appeal Board; Putative Interested Party: Director of Immigration
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
17 October 2024
Case Number
HCAL64/2023
Procedural Posture
Leave to Apply for Judicial Review / Decision on Leave Application (dismissed)
Outcome
Application for leave to apply for judicial review dismissed.
Legal Topics
Non‑refoulement, Torture, Internal Relocation, Leave to Apply for Judicial Review, Limitations/late Filing
Source Language
EN
Immigration Law Constitutional Law Administrative Law Human Rights Law Non‑refoulement Torture Internal Relocation Leave to Apply for Judicial Review +1 more

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Parties

Muhammad Ikram

Applicant

Torture Claims Appeal Board

Putative Respondent

Director of Immigration

Putative Interested Party

Procedural Posture

Leave to Apply for Judicial Review / Decision on Leave Application (dismissed)

Legal Issues

  1. 1 Whether the Board erred in refusing to allow late filing of the Notice of Appeal under s37ZT(2) of the Immigration Ordinance
  2. 2 Whether the Director erred in rejecting the non‑refoulement/torture claim
  3. 3 Whether there were arguable grounds of illegality, irrationality or procedural unfairness for judicial review

Ratio Decidendi

The Board properly refused the almost three‑month late filing because the delay was substantial and the applicant’s unsupported explanation did not amount to a good reason; the Director reasonably rejected the non‑refoulement claim as localized with available state protection and feasible internal relocation; no arguable error of law or procedural unfairness was identified and the leave application was therefore dismissed.

Court Disposition

Application for leave to apply for judicial review dismissed.

Orders

  • Leave to apply for judicial review is dismissed.
  • Court notes the Immigration Department has confirmed the applicant’s subsequent departure from Hong Kong.