SHAKEEL MUHAMMAD v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

SHAKEEL MUHAMMAD v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

The Court refused the applicant's withdrawal request but, after anxious scrutiny, dismissed the leave application because the Board's decision contained no error of law, procedural unfairness or irrationality, the applicant failed to identify reasonably arguable grounds and there were no realistic prospects of success.

Citation
[2025] HKCFI 2908
Parties
Applicant: Shakeel Muhammad; Putative Respondent: Torture Claims Appeal Board; Putative Interested Party: Director of Immigration
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
15 July 2025
Case Number
HCAL377/2020
Procedural Posture
Application for Leave to Apply for Judicial Review / Decision on Leave Application (application to Withdraw Refused; Leave Dismissed)
Outcome
Application to withdraw refused; application for leave to apply for judicial review dismissed; parties' names amended (Torture Claims Appeal Board as putative respondent; Director of Immigration added as putative interested party)
Legal Topics
Non Refoulement, Judicial Review, Leave to Apply for Judicial Review, Procedural Fairness, Wednesbury Unreasonableness, Internal Relocation
Source Language
EN
Constitutional and Administrative Law Immigration and Asylum Law Human Rights Non Refoulement Judicial Review Leave to Apply for Judicial Review Procedural Fairness Wednesbury Unreasonableness +1 more

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Parties

Shakeel Muhammad

Applicant

Torture Claims Appeal Board

Putative Respondent

Director of Immigration

Putative Interested Party

Procedural Posture

Application for Leave to Apply for Judicial Review / Decision on Leave Application (application to Withdraw Refused; Leave Dismissed)

Legal Issues

  1. 1 Whether the applicant validly withdrew the leave application
  2. 2 Whether the Board's decision of 24 January 2020 contained errors of law, procedural unfairness or irrationality
  3. 3 Whether the applicant identified reasonably arguable grounds for leave

Ratio Decidendi

The Court refused the applicant's withdrawal request but, after anxious scrutiny, dismissed the leave application because the Board's decision contained no error of law, procedural unfairness or irrationality, the applicant failed to identify reasonably arguable grounds and there were no realistic prospects of success.

Court Disposition

Application to withdraw refused; application for leave to apply for judicial review dismissed; parties' names amended (Torture Claims Appeal Board as putative respondent; Director of Immigration added as putative interested party)

Orders

  • Amend the putative respondent to Torture Claims Appeal Board and add Director of Immigration as putative interested party
  • Refuse the applicant's application to withdraw the leave application