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

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

Leave to apply for judicial review was refused because the applicant failed to identify any reasonably arguable grounds; the TCAB/NRCPO's adverse credibility findings and conclusions on BOR 2 risk were within its evaluative remit and not legally flawed; the late filing application was properly refused under the Immigration Ordinance and remittal would be futile, so there was no realistic prospect of relief.

Citation
[2025] HKCFI 4237
Parties
Applicant: SUMON; 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
16 September 2025
Case Number
HCAL670/2020
Procedural Posture
Application for Leave to Apply for Judicial Review / Leave Application (dismissed)
Outcome
Application for leave to apply for judicial review dismissed
Legal Topics
Non Refoulement, Torture, Leave to Apply for Judicial Review, Wednesbury Irrationality, Credibility Assessment, Late Filing of Appeal
Source Language
EN
Immigration Law Constitutional Law Administrative Law Human Rights Non Refoulement Torture Leave to Apply for Judicial Review Wednesbury Irrationality +2 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 18 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

SUMON

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 / Leave Application (dismissed)

Legal Issues

  1. 1 Whether leave to apply for judicial review should be granted
  2. 2 Whether the TCAB/NRCPO decision was vitiated by procedural unfairness, error of law or irrationality under the enhanced Wednesbury standard
  3. 3 Whether BOR 2 risk (risk of death/arbitrary deprivation of life/genocide) was established

Ratio Decidendi

Leave to apply for judicial review was refused because the applicant failed to identify any reasonably arguable grounds; the TCAB/NRCPO's adverse credibility findings and conclusions on BOR 2 risk were within its evaluative remit and not legally flawed; the late filing application was properly refused under the Immigration Ordinance and remittal would be futile, so there was no realistic prospect of relief.

Court Disposition

Application for leave to apply for judicial review dismissed

Orders

  • The Form 86 be amended on the Court's own motion to name only the Torture Claims Appeal Board/Non-Refoulement Claims Petition Office as the Putative Respondent and only the Director of Immigration as the Putative Interested Party.
  • The application for leave to apply for judicial review is dismissed.