SHABBIR ALI MOHAMMAD v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE [Decision on Leave Application]

SHABBIR ALI MOHAMMAD v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE [Decision on Leave Application]

The application for extension of time was refused and leave dismissed because the applicant filed more than five years late without adequate justification and had no realistic prospect of success: the Board's adverse credibility and fact findings were within its primary fact‑finding role and disclosed no error of...

Source-derived case information.

Citation
[2025] HKCFI 4266
Parties
Applicant: Shabbir Ali Mohammad; 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
18 September 2025
Case Number
HCAL1216/2020
Procedural Posture
Application for Leave to Apply for Judicial Review (non Refoulement/torture Claim) / Application for Leave Determined on Papers; Extension of Time Refused; Leave Dismissed
Outcome
Extension of time refused; application for leave to apply for judicial review dismissed.
Legal Topics
Non Refoulement, Torture, Right to Life (bor 2), CIDTP (bor 3), Judicial Review, Delay/extension of Time, Credibility and COI Assessment, Administrative Appeals Structure
Source Language
en
Constitutional Law Administrative Law Immigration Law Human Rights Law Asylum and Refugee Law Non Refoulement Torture Right to Life (bor 2) +5 more

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Parties

Shabbir Ali Mohammad

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 (non Refoulement/torture Claim) / Application for Leave Determined on Papers; Extension of Time Refused; Leave Dismissed

Legal Issues

  1. 1 Whether extension of time for filing the leave application should be granted
  2. 2 Whether the Board's factual and credibility findings disclose errors of law or procedural unfairness justifying judicial review
  3. 3 Whether the Director's second decision (BOR 2) can be the subject of judicial review without first being appealed to the Board

Ratio Decidendi

The application for extension of time was refused and leave dismissed because the applicant filed more than five years late without adequate justification and had no realistic prospect of success: the Board's adverse credibility and fact findings were within its primary fact‑finding role and disclosed no error of law or procedural unfairness, and the Director's second decision could not be judicially reviewed where it had not been appealed to the Board (abuse of the administrative structure).

Court Disposition

Extension of time refused; application for leave to apply for judicial review dismissed.

Orders

  • Extension of time for the application for judicial review refused
  • Application for leave to apply for judicial review dismissed