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

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

The court refused to extend time and dismissed the application for leave because the application was over seven months late, the applicant failed to identify any viable legal ground and did not show a realistic prospect of success such as would justify extension of time; the Board's factual findings (credibility, localized fear, availability of state protection and internal relocation) were not shown to be legally or procedurally defective.

Citation
[2026] HKCFI 999
Parties
Applicant: Sheikh Amin; 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
3 March 2026
Case Number
HCAL1321/2025
Procedural Posture
Judicial Review (application for Leave) / Application for Leave; Extension of Time Refused and Application Dismissed
Outcome
Extension of time refused; application for leave to apply for judicial review dismissed.
Legal Topics
Non Refoulement, Torture and CIDTP, Extension of Time for Judicial Review, Standard of Review, State Protection, Internal Relocation, Procedural Fairness
Source Language
EN
Constitutional Law Administrative Law Immigration Law Human Rights Law Non Refoulement Torture and CIDTP Extension of Time for Judicial Review Standard of Review +3 more

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Parties

Sheikh Amin

Applicant

Torture Claims Appeal Board/Non-refoulement Claims Petition Office

Putative Respondent

Director of Immigration

Putative Interested Party

Procedural Posture

Judicial Review (application for Leave) / Application for Leave; Extension of Time Refused and Application Dismissed

Legal Issues

  1. 1 Whether the application for leave was made within the statutory period or whether time should be extended
  2. 2 Whether the proposed judicial review has a realistic prospect of success
  3. 3 Whether the Board committed errors of law, procedural unfairness or irrationality in its findings

Ratio Decidendi

The court refused to extend time and dismissed the application for leave because the application was over seven months late, the applicant failed to identify any viable legal ground and did not show a realistic prospect of success such as would justify extension of time; the Board's factual findings (credibility, localized fear, availability of state protection and internal relocation) were not shown to be legally or procedurally defective.

Court Disposition

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

Orders

  • The extension of time for the application for judicial review is refused.
  • The application for leave to apply for judicial review is dismissed.