Sasidharan Rajesh Kumar and Others v. Torture Claims Appeal Board / Non-refoulement Claims Petition Office
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HCAL 1558/2025 [2026] HKCFI 3373 IN THE HIGH COURT OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION COURT OF FIRST INSTANCE CONSTITUTIONAL AND ADMINISTRATIVE LAW LIST No. 1558 of 2025
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 K.W. Lung: Leave for the Applicants to apply for Judicial Review be refused. Observations for the Applicant: THE APPLICATION 1.The 1st applicant is the father, (“the father”), the 2nd applicant is the mother of the 2nd applicant, their daughter, aged 25. They are illegal immigrants. There is another older daughter who remains in Hong Kong, but she has withdrawn her application for non-refoulement protection. 2.The applicants jointly apply for leave to apply for judicial review of the Decision dated 12 June 2025 of the Torture Claims Appeal Board (“the Board’s Decision”). 3.The applicants did not ask for a hearing. I shall deal with their application on the papers. The applicants 4.The applicants are nationals of India. 5.The applicants lodged a non-refoulement claim, on the basis that, if refouled, they will be harmed or killed by the father’s creditor because the father was unable to repay his loan. 6.Details of the facts are set out in the Board’s Decision. See hyperlink. https://legalref.judiciary.hk/doc/judg/html/vetted/other/en/2025/HCAL001558_2025_files/the_Board's_Decision.pdf The Director’s Decision 7.The Director considered the applicant’s claim in relation to the following risks:
8.By way of Notice of Decision dated 14 April 2025 (“the Director’s Decision”), the Director assessed the applicants’ claims jointly on all applicable grounds and dismissed their claims on all applicable risks because it was unsubstantiated. The Board’s Decision 9.The applicants appealed the Director’s Decision to the Board. On 29 May 2025, the Board conducted an oral hearing for their appeals. They had given evidence and answered the Board’s questions. 10.Having considered the evidence, the Board made the findings below.
11.For the reasons above, the Board dismissed their appeal and confirmed the Director’s Decision. Application for leave to apply for judicial review 12.The applicants filed Form 86 on 8 July 2025 for leave to apply for judicial review of the Board’s Decision. 13.In support of their application, the applicants have raised no specific reasons to challenge the Board’s Decision. They have attached a copy of the Board’s Decision to their joint affirmation. DISCUSSION 14.The role of this Court is supervisory, meaning that it ensures that the Board complied with the public law requirements in coming to the Board’s Decision on the applicants’ appeal. The Court will not usurp the fact-finding power vested in the Director and the Board. See TK v Michael C Jenkins Esq and Director of Immigration [2013] 1 HKC 526 CA, §40 and Nupur Mst v Director of Immigration [2018] HKCA 524, §14 (1). 15.The Court will bear in mind that the Board’s Decision should be examined with rigorous examination and anxious scrutiny. 16.The applicants fail to show that there is any realistic prospect of success in their proposed judicial review. DISPOSITION 17.I refuse to grant leave to the applicants to apply for judicial review of the Board’s Decision. Accordingly, I dismiss their joint application. Dated the 10th day of June 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
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Cases cited in this judgment
Onyekwelu Chidubem Christopher v. Director of Immigration
Mobarok Md v. Torture Claims Appeal Board / Non-refoulement Claims Petition Office
Mohammed Arif Mirdha v. Torture Claims Appeal Board / Non-refoulement Claims Petition Office
Hoque Md Akramul v. Torture Claims Appeal Board / Non-refoulement Claims Petition Office
Amandeep Kaur v. Torture Claims Appeal Board / Non-refoulement Claims Petition Office
Adil Badshah v. Torture Claims Appeal Board / Non-refoulement Claims Petition Office
Hossain Shaikh Samad v. Torture Claims Appeal Board / Non-refoulement Claims Petition Office
Waqas Ali Shah v. Torture Claims Appeal Board
Manga Singh v. Torture Claims Appeal Board
Muhammad Ashfaq v. Torture Claims Appeal Board / Non-refoulement Claims Petition Office
Jabonete Cherry Ann Daldawon v. Torture Claims Appeal Board / Non-refoulement Claims Petition Office
Dela Cruz Rosalino Jr Rabang v. Torture Claims Appeal Board / Non-refoulement Claims Petition Office
Sukhdeep Singh v. Torture Claims Appeal Board / Non-refoulement Claims Petition Office
Tenorio Odessa Atienza v. Torture Claims Appeal Board / Non-refoulement Claims Petition Office
Bashir Atif v. Torture Claims Appeal Board / Non-refoulement Claims Petition Office
Kewal Krishan v. Torture Claims Appeal Board / Non-refoulement Claims Petition Office
Suala Chutiman v. Torture Claims Appeal Board / Non-refoulement Claims Petition Office
Kakaeo Kirita v. Torture Claims Appeal Board / Non-refoulement Claims Petition Office
Sombuthom Jutamanee v. Torture Claims Appeal Board / Non-refoulement Claims Petition Office
Agusnoto v. Torture Claims Appeal Board / Non-refoulement Claims Petition Office
Further hearings and rulings under HCAL 1558/2025