IDREES SOHAIL AND OTHERS v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE [Decision on Leave Application]

IDREES SOHAIL AND OTHERS v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE [Decision on Leave Application]

Leave refused because the applicants failed to show a realistic prospect of success: the Board's findings that the claims were unsubstantiated, that state protection and internal relocation were available, and that there was no real risk on return were rational and supported by the evidence, and the applicants offered only bare assertions without supporting particulars or evidence.

Citation
[2026] HKCFI 1351
Parties
Applicant (first Applicant Father): Idrees Sohail; Applicant (second Applicant Mother): Sohail Shamaila; Applicant (third Applicant Daughter): Sohail Manahil; 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
11 March 2026
Case Number
HCAL2186/2025
Procedural Posture
Judicial Review Application for Leave / Leave Application Refused (notification of Judge)
Outcome
Leave to apply for judicial review refused; joint application dismissed.
Legal Topics
Non Refoulement, Torture Risk, HKBOR Article 2 (right to Life), HKBOR Article 3 (prohibition of Cidtp), Refugee Convention Article 33 (non Refoulement), Internal Relocation, Judicial Review Leave Threshold, Fact‑finding and Supervisory Review
Source Language
EN
Immigration Law Administrative Law Constitutional Law Human Rights Law Non Refoulement Torture Risk HKBOR Article 2 (right to Life) HKBOR Article 3 (prohibition of Cidtp) +4 more

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Parties

Idrees Sohail

Applicant (first Applicant Father)

Sohail Shamaila

Applicant (second Applicant Mother)

Sohail Manahil

Applicant (third Applicant Daughter)

Torture Claims Appeal Board/Non-refoulement Claims Petition Office

Putative Respondent

Director of Immigration

Putative Interested Party

Procedural Posture

Judicial Review Application for Leave / Leave Application Refused (notification of Judge)

Legal Issues

  1. 1 Whether the applicants have a realistic prospect of success on a judicial review of the Board's decision
  2. 2 Whether the Board erred in law or acted irrationally in finding no real risk of torture, CIDTP, violation of right to life or persecution on return to Pakistan
  3. 3 Whether state protection and internal relocation were reasonably available

Ratio Decidendi

Leave refused because the applicants failed to show a realistic prospect of success: the Board's findings that the claims were unsubstantiated, that state protection and internal relocation were available, and that there was no real risk on return were rational and supported by the evidence, and the applicants offered only bare assertions without supporting particulars or evidence.

Court Disposition

Leave to apply for judicial review refused; joint application dismissed.

Orders

  • Leave to apply for judicial review refused
  • Applicants' joint application dismissed