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

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

Leave to apply for judicial review was dismissed because the Form 86 named the wrong respondent and contained no grounds to support the leave application; the court amended Form 86 on its own motion to correct the parties.

Source-derived case information.

Citation
[2024] HKCFI 3328
Parties
Applicant: Raja Muhammad Usman; 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
27 November 2024
Case Number
HCAL178/2021
Procedural Posture
Application for Leave to Apply for Judicial Review / Decision on Leave Application (dismissed)
Outcome
Leave to apply for Judicial Review dismissed; Form 86 amended on the court's own motion.
Legal Topics
Non Refoulement, Torture, Leave to Apply for Judicial Review, Procedural Requirements, Death of Applicant
Source Language
en
Constitutional Law Administrative Law Immigration Law Human Rights Law Non Refoulement Torture Leave to Apply for Judicial Review Procedural Requirements +1 more

Source-derived case record

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Parties

Raja Muhammad Usman

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 / Decision on Leave Application (dismissed)

Legal Issues

  1. 1 Whether the correct respondent was named in Form 86
  2. 2 Whether the application disclosed grounds sufficient for leave
  3. 3 Whether the court may amend Form 86 on its own motion

Ratio Decidendi

Leave to apply for judicial review was dismissed because the Form 86 named the wrong respondent and contained no grounds to support the leave application; the court amended Form 86 on its own motion to correct the parties.

Court Disposition

Leave to apply for Judicial Review dismissed; Form 86 amended on the court's own motion.

Orders

  • The Form 86 is amended on the court's own motion to correct the parties.
  • Leave to apply for Judicial Review is dismissed.