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

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

Leave was refused because the applicant failed to identify any arguable grounds of judicial review, the TCAB applied correct legal principles and made nuanced factual findings that were not irrational or procedurally unfair, and therefore there was no reasonably arguable case with a realistic prospect of success.

Source-derived case information.

Citation
[2026] HKCFI 214
Parties
Applicant: Murtani; 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
16 January 2026
Case Number
HCAL724/2021
Procedural Posture
Application for Leave to Apply for Judicial Review / Leave Application (dismissed)
Outcome
Application for leave to apply for judicial review dismissed.
Legal Topics
Non Refoulement, Judicial Review, Leave to Apply for Judicial Review, Procedural Fairness, State Protection, Internal Relocation
Source Language
en
Constitutional and Administrative Law Immigration Human Rights Non Refoulement Judicial Review Leave to Apply for Judicial Review Procedural Fairness State Protection +1 more

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Parties

Murtani

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 Application (dismissed)

Legal Issues

  1. 1 Whether leave to apply for judicial review should be granted
  2. 2 Whether the TCAB decision contained errors of law, procedural unfairness or irrationality
  3. 3 Whether the applicant established a real risk of serious harm amounting to non-refoulement

Ratio Decidendi

Leave was refused because the applicant failed to identify any arguable grounds of judicial review, the TCAB applied correct legal principles and made nuanced factual findings that were not irrational or procedurally unfair, and therefore there was no reasonably arguable case with a realistic prospect of success.

Court Disposition

Application for leave to apply for judicial review dismissed.

Orders

  • Form 86 be amended to name the Director of Immigration as the Putative Interested Party.
  • The application for leave to apply for judicial review is dismissed.