TABRARAS KHAN alias TABARAS KHAN RAZA KHAN v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

TABRARAS KHAN alias TABARAS KHAN RAZA KHAN v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

Leave was refused because the Applicant failed to identify any reasonably arguable error of law, irrationality or procedural unfairness in the Director's or the Board's decisions; both decision‑makers reasonably found the alleged risk to be localized, unsupported by reliable evidence of intent to harm, and that...

Source-derived case information.

Citation
[2025] HKCFI 5665
Parties
Applicant: Tabraras Khan alias Tabaras Khan Raza Khan; Putative Respondent: Torture Claims Appeal Board; Putative Interested Party: Director of Immigration
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
20 November 2025
Case Number
HCAL615/2021
Procedural Posture
Application for Leave to Apply for Judicial Review (non‑refoulement/torture) / Leave Application Refused
Outcome
Leave to apply for judicial review refused.
Legal Topics
Non‑refoulement, Torture Risk, Internal Relocation, Procedural Fairness, Judicial Review – Leave Stage, Standard of Review
Source Language
en
Constitutional Law Administrative Law Immigration Law Human Rights Law Non‑refoulement Torture Risk Internal Relocation Procedural Fairness +2 more

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Parties

Tabraras Khan alias Tabaras Khan Raza Khan

Applicant

Torture Claims Appeal Board

Putative Respondent

Director of Immigration

Putative Interested Party

Procedural Posture

Application for Leave to Apply for Judicial Review (non‑refoulement/torture) / Leave Application Refused

Legal Issues

  1. 1 Whether the Applicant has identified an arguable error of law, irrationality or procedural unfairness by the Director or the Board
  2. 2 Whether the Applicant faces a real risk of torture or of violations of non‑derogable rights (BOR Articles 2 and 3) on return to Pakistan
  3. 3 Whether internal relocation within Pakistan is a reasonable alternative negating non‑refoulement protection

Ratio Decidendi

Leave was refused because the Applicant failed to identify any reasonably arguable error of law, irrationality or procedural unfairness in the Director's or the Board's decisions; both decision‑makers reasonably found the alleged risk to be localized, unsupported by reliable evidence of intent to harm, and that effective state protection and internal relocation within Pakistan were available, such that the Applicant had no prospect of success on judicial review.

Court Disposition

Leave to apply for judicial review refused.

Orders

  • Leave to apply for judicial review refused