SIDDIQUE AAMIR v. DIRECTOR OF IMMIGRATION [Decision on Leave Application]

SIDDIQUE AAMIR v. DIRECTOR OF IMMIGRATION [Decision on Leave Application]

Leave was granted because the applicant demonstrated an arguable case that Officer YIU committed errors of law and irrationality by improperly discounting hearsay without adequate contextual assessment, failing to apply the low standard of proof appropriate to non‑refoulement claims and failing to give adequate reasons, such that the proposed judicial review has a real prospect of success.

Citation
[2026] HKCFI 1058
Parties
Applicant: Siddique Aamir; Putative Respondent: Director of Immigration
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
20 February 2026
Case Number
HCAL149/2021
Procedural Posture
Application for Leave to Apply for Judicial Review (non‑refoulement) / Leave Granted (order Setting Aside Previous Refusal)
Outcome
Order dated 8 December 2025 refusing leave set aside; leave to apply for judicial review granted.
Legal Topics
Subsequent Non‑refoulement Claim Under Section 37 ZO, Hearsay Evidence and Weight, Standard of Proof in Non‑refoulement Claims, Procedural Fairness and Reasoned Decisions, Irrationality in Administrative Decisions, Leave to Apply for Judicial Review, Time Limits and Delay
Source Language
EN
Immigration Law Constitutional and Administrative Law Human Rights Non‑refoulement Law Subsequent Non‑refoulement Claim Under Section 37 ZO Hearsay Evidence and Weight Standard of Proof in Non‑refoulement Claims Procedural Fairness and Reasoned Decisions +3 more

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Parties

Siddique Aamir

Applicant

Director of Immigration

Putative Respondent

Procedural Posture

Application for Leave to Apply for Judicial Review (non‑refoulement) / Leave Granted (order Setting Aside Previous Refusal)

Legal Issues

  1. 1 Whether Officer YIU erred in law by treating hearsay as having no weight without proper assessment
  2. 2 Whether the low standard of proof applicable to non‑refoulement claims was applied
  3. 3 Whether the evidence of new incidents (assault, death of wife, attacks on father, kidnappings, threats to children and daughter followed) constituted a significant change of circumstances under s37ZO giving realistic prospect of success

Ratio Decidendi

Leave was granted because the applicant demonstrated an arguable case that Officer YIU committed errors of law and irrationality by improperly discounting hearsay without adequate contextual assessment, failing to apply the low standard of proof appropriate to non‑refoulement claims and failing to give adequate reasons, such that the proposed judicial review has a real prospect of success.

Court Disposition

Order dated 8 December 2025 refusing leave set aside; leave to apply for judicial review granted.

Orders

  • Order of 8 December 2025 refusing leave set aside
  • Leave to apply for judicial review granted