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

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

The application for leave is dismissed because the applicant identified no arguable error of law, procedural unfairness or irrationality in the TCAB decision; even if time were extended the court would not have intervened. The Form 86 is amended to name only the TCAB as putative respondent and only the DOI as...

Source-derived case information.

Citation
[2025] HKCFI 4491
Parties
Applicant: Sekh Amam; 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
30 September 2025
Case Number
HCAL1859/2020
Procedural Posture
Application for Leave to Apply for Judicial Review / Leave Application Dismissed (notification Under Ord.53 R.3)
Outcome
Application for leave to apply for judicial review dismissed; Form 86 amended to name only TCAB as putative respondent and DOI as putative interested party.
Legal Topics
Judicial Review, Leave to Apply, Extension of Time, Standard of Review, Procedural Fairness, Torture/non Refoulement Assessment
Source Language
en
Constitutional and Administrative Law Immigration Law Human Rights Law Asylum and Non Refoulement Judicial Review Leave to Apply Extension of Time Standard of Review +2 more

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Parties

Sekh Amam

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 (notification Under Ord.53 R.3)

Legal Issues

  1. 1 Whether leave to apply for judicial review should be granted
  2. 2 Whether extension of time should be granted for an out-of-time application
  3. 3 Whether the TCAB decision contained error of law, procedural unfairness or irrationality

Ratio Decidendi

The application for leave is dismissed because the applicant identified no arguable error of law, procedural unfairness or irrationality in the TCAB decision; even if time were extended the court would not have intervened. The Form 86 is amended to name only the TCAB as putative respondent and only the DOI as putative interested party.

Court Disposition

Application for leave to apply for judicial review dismissed; Form 86 amended to name only TCAB as putative respondent and DOI as putative interested party.

Orders

  • Form 86 amended to name only the Torture Claims Appeal Board as putative respondent and only the Director of Immigration as putative interested party.
  • The application for leave to apply for judicial review is dismissed.