HOSSAIN AHMED AND OTHERS v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE

HOSSAIN AHMED AND OTHERS v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE

The court granted leave in HCAL1101 because the amended grounds were held to be reasonably arguable with realistic prospects of success under Po Fun Chan; HCAL796 and HCAL2644 were dismissed as academic/superseded by subsequent claims, appeals and the 2022 Board Decision, rendering those leave applications moot; costs orders reflected the academic nature and pro bono circumstances.

Citation
[2024] HKCFI 2165
Parties
1st Applicant: HOSSAIN Ahmed; 2nd Applicant: HOSSAIN Farjana; 3rd Applicant: AHMED Masrur; 4th Applicant (minor by HOSSAIN Ahmed): HOSSAIN Marzaan; Putative Respondent: Torture Claims Appeal Board / Non-Refoulement Claims Petition Office; Putative Interested Party: Director of Immigration; Putative Respondent (hcal 2644): Master Reuden Lai; Putative Interested Party (hcal 2644): Director of Legal Aid
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
2 August 2024
Case Number
HCAL1101/2022
Procedural Posture
Applications for Leave to Apply for Judicial Review / Combined Leave Hearing and Decision on Leave Applications
Outcome
Leave granted in HCAL1101 on all four grounds in AF 86/1101; HCAL796 and HCAL2644 dismissed as academic/superseded.
Legal Topics
Non Refoulement, Article 3 Hong Kong Bill of Rights Ordinance, Torture Claims, Legal Aid Refusal, Leave to Apply for Judicial Review, Academic/supersession Doctrine
Source Language
EN
Immigration Law Constitutional Law Administrative Law Human Rights Law Non Refoulement Article 3 Hong Kong Bill of Rights Ordinance Torture Claims Legal Aid Refusal +2 more

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Parties

HOSSAIN Ahmed

1st Applicant

HOSSAIN Farjana

2nd Applicant

AHMED Masrur

3rd Applicant

HOSSAIN Marzaan

4th Applicant (minor by HOSSAIN Ahmed)

Torture Claims Appeal Board / Non-Refoulement Claims Petition Office

Putative Respondent

Director of Immigration

Putative Interested Party

Master Reuden Lai

Putative Respondent (hcal 2644)

Director of Legal Aid

Putative Interested Party (hcal 2644)

Procedural Posture

Applications for Leave to Apply for Judicial Review / Combined Leave Hearing and Decision on Leave Applications

Legal Issues

  1. 1 Whether leave should be granted to challenge the 2022 Torture Claims Appeal Board decision (HCAL 1101)
  2. 2 Whether the earlier leave applications (HCAL 796 and HCAL 2644) are academic/superseded by subsequent claims and decisions
  3. 3 Whether issues concerning Article 3 duties of the Board in relation to refouling seriously ill minors are reasonably arguable

Ratio Decidendi

The court granted leave in HCAL1101 because the amended grounds were held to be reasonably arguable with realistic prospects of success under Po Fun Chan; HCAL796 and HCAL2644 were dismissed as academic/superseded by subsequent claims, appeals and the 2022 Board Decision, rendering those leave applications moot; costs orders reflected the academic nature and pro bono circumstances.

Court Disposition

Leave granted in HCAL1101 on all four grounds in AF 86/1101; HCAL796 and HCAL2644 dismissed as academic/superseded.

Orders

  • Grant leave to all applicants in HCAL1101 on all four grounds as stated in AF 86/1101
  • Dismiss HCAL796/2018 as academic