Ali, Ali Hassan v. Torture Claims Appeal Board / Non-refoulement Claims Petition Office

HCAL 298/2022

[2026] HKCFI 2231

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CONSTITUTIONAL AND ADMINISTRATIVE LAW LIST No 298 of 2022

Application for Leave to Apply for Judicial Review

NOTIFICATION of the Judge’s decision (Ord 53 r 3)

Following:

Order by Deputy High Court Judge (Non-refoulement Claims) Connie Lee:   

1.   Form 86 be amended, adding the Torture Claims Appeal Board/Non-refoulement Claims Petition Office as the Putative Respondent and naming the Director of Immigration as the Putative Interested Party.

2.   The application herein for leave to apply for judicial review be dismissed.

Observations for the Applicant:

Introduction

1.By Form 86 filed on 5 May 2022, the Applicant seeks leave to apply for judicial review (the “Leave Application”) of the decision of the Torture Claims Appeal Board/Non‑refoulement Claims Petition Office (the “Board”) dated 13 April 2022 (the “Board’s Decision”).  By that decision, the Board confirmed the decision of the Director of Immigration dated 19 June 2019 (the “Director’s Decision”), which had rejected his non-refoulement claim on all applicable grounds under the Unified Screening Mechanism (USM).

2.The Applicant’s background, the basis of his claim and the arguments he advanced had been set out in detail in the Board’s Decision.  It is not necessary for me to repeat the same here.  Unless otherwise specified, the abbreviations and descriptions used in the Board’s Decision, the hyperlink[1] to which is included below, are also adopted herein.

3.The Applicant attended the oral hearing scheduled and urged the Court to really look into his situation and understand the problems in his home country.

Discussion

4.Judicial review does not operate as a further avenue of appeal.  The Leave Application operates as a “filtering” process and there is no requirement or expectation to give elaborate reasons for my decision.[2]  In seeking to challenge the Board’s Decision, the Applicant ought to have clearly and precisely identified the grounds relied upon in the Form 86 and in his supporting affirmation.  As matter stands, the Applicant has failed to identify any valid or effective public law grounds.[3]

5.In view of the seriousness of the issues involved, I have reminded myself of the enhanced standard required by law.  Despite the Applicant did not advance any valid ground for the intended judicial review, I have scrutinized the Board’s Decision for any errors of law, procedural unfairness or irrationality.

6.I am not satisfied that the Applicant’s intended application for judicial review of the Board’s Decision is reasonably arguable with any realistic prospects of success.[4]

7.First, the primary decision makers are the Director of Immigration and the Board and the Court should not usurp the role of the Board.  Assessment of evidence, country of origin information (COI) materials, risk of harm, state protection and viability of internal relocation are primarily within the province of the Board (and the Director of the Immigration).[5]

8.The Board was acutely aware of the Applicant’s claim that he would be (1) killed by the ruling CCM party in Tanzania because of his membership of the opposition i.e. CUF party; and (2) arrested by the Tanzanian police due to a false criminal case against him for being a homosexual.  Despite the Applicant chose not to give oral evidence and not to answer any questions, the Board had assessed the material facts and evidence of the Applicant’s claim including the COI materials.  The Board was entitled to find there were serious doubts as to the credibility of the Applicant’s claim and rejected the factual basis of his claim.  It follows that the Board was entitled to conclude there were no substantial grounds for finding that there was a real risk that the Applicant would be subjected to torture, ill-treatment or persecution should he return to Tanzania.

9.Second, there is simply nothing to indicate the Board had failed to take into account any relevant matters.  The Board was quite simply entitled to come to the conclusions it did.

10.Third, in all circumstances, I can discern no error of law or procedural unfairness or irrationality on the part of the Board in the assessment and rejection of the Applicant’s claim.

Conclusion

11.Accordingly, I dismiss the Leave Application.

Dated the 27^th day of April 2026

Where leave to apply has been granted, Applicants and their legal advisers are reminded of their obligation to reconsider the merits of their application in the light of the Respondent’s evidence

Form CALL-1