WARNAKULASURIYA MARIYA INDIKA AND ANOTHER v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

WARNAKULASURIYA MARIYA INDIKA AND ANOTHER v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

The court dismissed the 1st applicant's leave application for lack of a reasonably arguable claim with realistic prospects, but extended time and granted leave to the 2nd applicant because the 2nd applicant raised reasonably arguable legal questions (notably the Board's jurisdiction regarding a stateless person and the prospect of removal), and directed the 2nd applicant to issue an originating summons by 15 April 2026.

Citation
[2026] HKCFI 1933
Parties
1st Applicant: Warnakulasuriya Mariya Indika; 2nd Applicant: Warnakulasooriya Bless Greyna (a minor) by Warnakulasuriya Mariya Indika, her next friend; Putative Respondent: Torture Claims Appeal Board; Putative Interested Party: Director of Immigration
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
1 April 2026
Case Number
HCAL948/2020
Procedural Posture
Judicial Review Leave Application (non‑refoulement / Usm) / Decision on Leave Application, Amendments to Parties and Extension of Time
Outcome
1st applicant's leave application dismissed; time extended for 2nd applicant; leave granted to 2nd applicant to apply for judicial review; parties and respondent names amended; directions given for issue of originating summons.
Legal Topics
Non‑refoulement, Statelessness, Torture/cidtp, Judicial Review (leave), Extension of Time, Tribunal Jurisdiction, Credibility Findings
Source Language
EN
Administrative Law Immigration Law Constitutional Law Human Rights Law International Law Non‑refoulement Statelessness Torture/cidtp +4 more

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Parties

Warnakulasuriya Mariya Indika

1st Applicant

Warnakulasooriya Bless Greyna (a minor) by Warnakulasuriya Mariya Indika, her next friend

2nd Applicant

Torture Claims Appeal Board

Putative Respondent

Director of Immigration

Putative Interested Party

Procedural Posture

Judicial Review Leave Application (non‑refoulement / Usm) / Decision on Leave Application, Amendments to Parties and Extension of Time

Legal Issues

  1. 1 whether the Torture Claims Appeal Board has jurisdiction to determine non‑refoulement claims of a stateless person born in Hong Kong
  2. 2 whether to extend time for the 2nd applicant to apply for leave to apply for judicial review
  3. 3 whether the 1st applicant's claim is reasonably arguable and has realistic prospects for leave

Ratio Decidendi

The court dismissed the 1st applicant's leave application for lack of a reasonably arguable claim with realistic prospects, but extended time and granted leave to the 2nd applicant because the 2nd applicant raised reasonably arguable legal questions (notably the Board's jurisdiction regarding a stateless person and the prospect of removal), and directed the 2nd applicant to issue an originating summons by 15 April 2026.

Court Disposition

1st applicant's leave application dismissed; time extended for 2nd applicant; leave granted to 2nd applicant to apply for judicial review; parties and respondent names amended; directions given for issue of originating summons.

Orders

  • Applicant amended to be Warnakulasuriya Mariya Indika as 1st applicant and Warnakulasooriya Bless Greyna (a minor) by Warnakulasuriya Mariya Indika, her next friend, added as 2nd applicant
  • Putative respondent amended to Torture Claims Appeal Board and Director of Immigration added as putative interested party