ULLAH MIR SAMI v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

ULLAH MIR SAMI v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

Leave was granted because the Board committed an error of law by failing to consider the merits of the applicant's appeal as required by section 37ZT(2)(b) of the Immigration Ordinance; that error made the intended judicial review reasonably arguable with realistic prospects of success despite the applicant's...

Source-derived case information.

Citation
[2025] HKCFI 4208
Parties
Applicant: Ullah Mir Sami; Putative Respondent: Torture Claims Appeal Board; Putative Interested Party: Director of Immigration
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
16 September 2025
Case Number
HCAL366/2020
Procedural Posture
Judicial Review (leave Application) / Leave Granted
Outcome
Leave granted
Legal Topics
Non Refoulement, Torture Risk, Procedural Fairness, Leave to Apply for Judicial Review, Late Filing/extension of Time
Source Language
en
Administrative Law Constitutional Law Immigration Law Human Rights Law Non Refoulement Torture Risk Procedural Fairness Leave to Apply for Judicial Review +1 more

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Parties

Ullah Mir Sami

Applicant

Torture Claims Appeal Board

Putative Respondent

Director of Immigration

Putative Interested Party

Procedural Posture

Judicial Review (leave Application) / Leave Granted

Legal Issues

  1. 1 Whether the Board erred in refusing the application for late filing of the notice of appeal
  2. 2 Whether the Board was required to take account of the merits of the appeal under section 37ZT(2)(b) of the Immigration Ordinance
  3. 3 Whether procedural fairness was breached by lack of particulars, legal assistance or language assistance

Ratio Decidendi

Leave was granted because the Board committed an error of law by failing to consider the merits of the applicant's appeal as required by section 37ZT(2)(b) of the Immigration Ordinance; that error made the intended judicial review reasonably arguable with realistic prospects of success despite the applicant's generalised pleadings lacking particulars.

Court Disposition

Leave granted

Orders

  • Leave granted to the applicant to apply for judicial review in respect of the Torture Claims Appeal Board's decision dated 24 February 2020.
  • The name of the putative respondent is amended to Torture Claims Appeal Board and the name of the putative interested party is amended to Director of Immigration.