RAZA ALI v. DIRECTOR OF IMMIGRATION AND ANOTHER [Decision on Leave Application]

RAZA ALI v. DIRECTOR OF IMMIGRATION AND ANOTHER [Decision on Leave Application]

The Director's decision of 12 December 2018 was superseded by the Board's decision and is not separately reviewable; the Board's decision of 22 January 2020, after anxious scrutiny, showed no error of law, procedural unfairness or Wednesbury unreasonableness and therefore the applicant failed to establish a reasonably arguable claim with realistic prospects of success; leave to apply for judicial review is refused.

Citation
[2025] HKCFI 3579
Parties
Applicant: Raza Ali; 1st Putative Respondent: Director of Immigration; 2nd Putative Respondent: Torture Claims Appeal Board; Putative Interested Party: Director of Immigration
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
12 August 2025
Case Number
HCAL358/2020
Procedural Posture
Application for Leave to Apply for Judicial Review / Leave Application (dismissed)
Outcome
Leave application dismissed in respect of both the Director's Decision (12 December 2018) and the Torture Claims Appeal Board's Decision (22 January 2020).
Legal Topics
Non Refoulement, Leave to Apply for Judicial Review, Wednesbury Unreasonableness, Procedural Fairness, Standard of Review, Supersession of Administrative Decisions
Source Language
EN
Constitutional Law Administrative Law Immigration Law Human Rights Refugee / Non Refoulement Law Judicial Review Non Refoulement Leave to Apply for Judicial Review +4 more

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Parties

Raza Ali

Applicant

Director of Immigration

1st Putative Respondent

Torture Claims Appeal Board

2nd Putative Respondent

Director of Immigration

Putative Interested Party

Procedural Posture

Application for Leave to Apply for Judicial Review / Leave Application (dismissed)

Legal Issues

  1. 1 Whether the Director's decision of 12 December 2018 remained reviewable after the Board's decision
  2. 2 Whether the Board's decision of 22 January 2020 contained errors of law, procedural unfairness or was Wednesbury unreasonable
  3. 3 Whether the applicant had been denied adequate opportunity to adduce evidence

Ratio Decidendi

The Director's decision of 12 December 2018 was superseded by the Board's decision and is not separately reviewable; the Board's decision of 22 January 2020, after anxious scrutiny, showed no error of law, procedural unfairness or Wednesbury unreasonableness and therefore the applicant failed to establish a reasonably arguable claim with realistic prospects of success; leave to apply for judicial review is refused.

Court Disposition

Leave application dismissed in respect of both the Director's Decision (12 December 2018) and the Torture Claims Appeal Board's Decision (22 January 2020).

Orders

  • 2nd putative respondent amended to Torture Claims Appeal Board
  • Director of Immigration added as putative interested party