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

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

The Board correctly applied the statutory test in s37ZT; the Applicant failed to establish special circumstances or explain the delays or challenge the DI's factual assessments, and the Form 86 was itself filed out of time without justification; accordingly there was no merit in granting extension or leave and the...

Source-derived case information.

Citation
[2025] HKCFI 4103
Parties
Applicant: Shakeel Muhammad; 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
9 September 2025
Case Number
HCAL710/2020
Procedural Posture
Application for Leave to Apply for Judicial Review / Notification of Judge's Decision (order 53 R.3)
Outcome
Application for leave to apply for judicial review dismissed; extension of time refused; Form 86 amended to name Board as putative respondent and Director of Immigration as putative interested party
Legal Topics
Non Refoulement, Torture Claims, Late Filing of Appeal/petition, Extension of Time, Leave to Apply for Judicial Review, Article 2 BOR, Article 3 BOR
Source Language
en
Immigration Law Administrative Law Constitutional Law Human Rights Law Judicial Review Non Refoulement Torture Claims Late Filing of Appeal/petition +4 more

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Parties

Shakeel Muhammad

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 / Notification of Judge's Decision (order 53 R.3)

Legal Issues

  1. 1 Whether the Board lawfully refused to allow late filing of the notice of appeal/petition under section 37ZT of the Immigration Ordinance
  2. 2 Whether the Applicant established special circumstances making it unjust not to allow late filing
  3. 3 Whether the Form 86 was filed within the time required and whether extension should be granted

Ratio Decidendi

The Board correctly applied the statutory test in s37ZT; the Applicant failed to establish special circumstances or explain the delays or challenge the DI's factual assessments, and the Form 86 was itself filed out of time without justification; accordingly there was no merit in granting extension or leave and the application must be dismissed.

Court Disposition

Application for leave to apply for judicial review dismissed; extension of time refused; Form 86 amended to name Board as putative respondent and Director of Immigration as putative interested party

Orders

  • Form 86 be amended by naming the Torture Claims Appeal Board/Non-Refoulement Claims Petition Office as the putative respondent and the Director of Immigration as the putative interested party
  • Extension of time to file the Form 86 refused