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

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

The leave application is dismissed because the applicant failed to identify any properly pleaded grounds in Form 86, did not show any error of law, procedural unfairness or irrationality in the Board’s decision, and the proposed challenge lacked realistic prospects of success given the Board’s lawful and fair...

Source-derived case information.

Citation
[2026] HKCFI 2599
Parties
Applicant: Sujiyem; 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
15 May 2026
Case Number
HCAL1440/2022
Procedural Posture
Judicial Review Leave Application / Decision on Leave Application (leave Dismissed)
Outcome
Leave to apply for judicial review dismissed
Legal Topics
Non‑refoulement, Risk of Torture, Risk to Life (article 2 Hkbor), Prohibition of Torture/cruel, Inhuman or Degrading Treatment (article 3 Hkbor), Persecution (refugee Convention Article 33), Internal Relocation, Leave to Apply for Judicial Review, Procedural Fairness
Source Language
en
Constitutional Law Administrative Law Immigration Law Human Rights Law Non‑refoulement Risk of Torture Risk to Life (article 2 Hkbor) Prohibition of Torture/cruel, Inhuman or Degrading Treatment (article 3 Hkbor) +4 more

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Parties

Sujiyem

Applicant

Torture Claims Appeal Board / Non-Refoulement Claims Petition Office

Putative Respondent

Director of Immigration

Putative Interested Party

Procedural Posture

Judicial Review Leave Application / Decision on Leave Application (leave Dismissed)

Legal Issues

  1. 1 Whether the applicant identified and pleaded arguable grounds in Form 86
  2. 2 Whether the Board's factual findings involved an error of law, procedural unfairness or irrationality
  3. 3 Whether the past ill‑treatment met the requisite severity for non‑refoulement protection

Ratio Decidendi

The leave application is dismissed because the applicant failed to identify any properly pleaded grounds in Form 86, did not show any error of law, procedural unfairness or irrationality in the Board’s decision, and the proposed challenge lacked realistic prospects of success given the Board’s lawful and fair application of the law and its factual findings regarding severity and internal relocation.

Court Disposition

Leave to apply for judicial review dismissed

Orders

  • The applicant's application for leave to apply for judicial review is dismissed.