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

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

Leave to apply for judicial review was dismissed because the applicant withdrew the live risk contention and, on the merits, he failed to identify any arguable ground showing error of law, procedural unfairness or irrationality in the Board's decision which had found no reasonable likelihood of harm and that internal relocation was available; accordingly the intended challenge was not reasonably arguable with realistic prospects of success.

Citation
[2026] HKCFI 1666
Parties
Applicant: Munir Muhammad; 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
10 April 2026
Case Number
HCAL1736/2021
Procedural Posture
Judicial Review Leave Application / Leave Application Dismissed (notification Under Ord 53 R 3)
Outcome
Leave application dismissed
Legal Topics
Non Refoulement, Risk of Torture (part Viic), BOR Article 2 and 3 Risks, Persecution (refugee Convention Art 33), Internal Relocation, Procedural Fairness, Leave to Apply for Judicial Review, Form 86 Disclosure Requirements
Source Language
EN
Constitutional Law Administrative Law Immigration Law Human Rights Law Non Refoulement Risk of Torture (part Viic) BOR Article 2 and 3 Risks Persecution (refugee Convention Art 33) +4 more

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Parties

Munir Muhammad

Applicant

Torture Claims Appeal Board / Non-Refoulement Claims Petition Office

Putative Respondent

Director of Immigration

Putative Interested Party

Procedural Posture

Judicial Review Leave Application / Leave Application Dismissed (notification Under Ord 53 R 3)

Legal Issues

  1. 1 Whether the Board erred in law, acted unfairly or irrationally in dismissing the applicant's non-refoulement claim
  2. 2 Whether there is a reasonable likelihood of harm from the family of the applicant's ex-sister-in-law if returned to Pakistan
  3. 3 Whether internal relocation was available to avoid risk of harm

Ratio Decidendi

Leave to apply for judicial review was dismissed because the applicant withdrew the live risk contention and, on the merits, he failed to identify any arguable ground showing error of law, procedural unfairness or irrationality in the Board's decision which had found no reasonable likelihood of harm and that internal relocation was available; accordingly the intended challenge was not reasonably arguable with realistic prospects of success.

Court Disposition

Leave application dismissed

Orders

  • The applicant's application for leave to apply for judicial review be dismissed.