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

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

The application for leave was dismissed because the applicant filed out of time without good reason and, independently, the Form 86 and supporting affidavit failed to identify any reasonably arguable grounds of judicial review: many complaints were unarguable or related to the Director and not reviewable after appeal, alleged procedural unfairness was unparticularised and unsupported, and the TCAB/NRCPO decision disclosed no public law error meriting intervention.

Citation
[2025] HKCFI 5326
Parties
Applicant: RAKESH KUMAR; 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
21 November 2025
Case Number
HCAL1424/2020
Procedural Posture
Application for Leave to Apply for Judicial Review / Leave Application Dismissed at Threshold (extension of Time Refused and Merits Considered)
Outcome
Form 86 amended as described; application for leave to apply for judicial review dismissed
Legal Topics
Non Refoulement, Delay and Extension of Time, Procedural Fairness (high Standard), Judicial Review Leave Test, Wednesbury Irrationality, Right to Life and Torture/bill of Rights
Source Language
EN
Administrative Law Immigration Law Constitutional Law Human Rights Law Non Refoulement Delay and Extension of Time Procedural Fairness (high Standard) Judicial Review Leave Test +2 more

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Parties

RAKESH KUMAR

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 at Threshold (extension of Time Refused and Merits Considered)

Legal Issues

  1. 1 Whether the application was unduly delayed and whether there was good reason to extend time
  2. 2 Whether the Form 86 and affirmation identified reasonably arguable grounds for judicial review
  3. 3 Whether lack of legal or language assistance and disposal without oral hearing breached the high standard of fairness

Ratio Decidendi

The application for leave was dismissed because the applicant filed out of time without good reason and, independently, the Form 86 and supporting affidavit failed to identify any reasonably arguable grounds of judicial review: many complaints were unarguable or related to the Director and not reviewable after appeal, alleged procedural unfairness was unparticularised and unsupported, and the TCAB/NRCPO decision disclosed no public law error meriting intervention.

Court Disposition

Form 86 amended as described; application for leave to apply for judicial review dismissed

Orders

  • Form 86 amended to add '/Non-Refoulement Claims Petition Office' after 'Torture Claims Appeal Board' and to name only the Director of Immigration as the Putative Interested Party.
  • Application for leave to apply for judicial review dismissed.