Naseem Shafaqat v. Torture Claims Appeal Board / Non-refoulement Claims Petition Office
Read the full judgment text of HCAL 1615/2025 on BabelCite. This High Court CFI judgment was delivered on 8 July 2026.
1. The applicant applies for leave to apply for judicial review of the Decision dated 25 November 2024 of the Torture Claims Appeal Board (“the Board’s Decision”). His application is late. His application shall not be later than 3 months from the date of the Board’s Decision [1] , which expired on 25 February 2025. His application was filed on 17 July 2025, which is late for more than 4 months. This issue will be dealt with below.
Cites 2 cases
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HCAL 1615/2025 [2026] HKCFI 3801 IN THE HIGH COURT OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION COURT OF FIRST INSTANCE CONSTITUTIONAL AND ADMINISTRATIVE LAW LIST No. 1615 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:
Observations for the Applicant: THE APPLICATION 1.The applicant applies for leave to apply for judicial review of the Decision dated 25 November 2024 of the Torture Claims Appeal Board (“the Board’s Decision”). His application is late. His application shall not be later than 3 months from the date of the Board’s Decision[1], which expired on 25 February 2025. His application was filed on 17 July 2025, which is late for more than 4 months. This issue will be dealt with below. 2.The applicant did not ask for a hearing. 3.Pursuant to Order 20, rule 8 and Order 53, rule 3(6) of the Rules of the High Court, Form 86 is amended to the effect that the proposed respondent is the Board and the Director of Immigration is the interested party. The applicant 4.The applicant is a national of Pakistan. He is an illegal immigrant. He lodged a non-refoulement claim on the basis that, if refouled, he will be harmed or killed by his cousin due to a land dispute. 5.Details of the applicant’s story can be found in the Board’s Decision. See hyperlink. https://legalref.judiciary.hk/doc/judg/html/vetted/other/en/2025/HCAL001615_2025_files/the_Board's_Decision.pdf The Director’s Decision 6.The Director considered the applicant’s claim in relation to the following risks:
7.By Notice of Decision dated 8 August 2024 (“the Director’s Decision”), the Director refused the applicant’s claim on all applicable risks because it was unsubstantiated. The Board’s Decision 8.The applicant appealed the Director’s Decision to the Board. On 25 and 28 October 2024, the Board conducted an oral hearing. He had given oral evidence and answered the Board’s questions. 9.Having considered the evidence, the Board made the findings that there was no evidence that his cousin had the intention to harm of kill him [41]; that there was no evidence to show that the treatment he received before he left Pakistan amounted to any of the applicable risks. [37] – [51] 10.Internal relocation is viable for him. [56] 11.For the reasons above, the Board dismissed the applicant’s appeal and affirmed the Director’s Decision. Application for leave to apply for judicial review of the Board’s Decision 12.The applicant has filed Form 86 dated 17 July 2025 for leave to apply for judicial review of the Board’s Decision. 13.The applicant did not raise any specific ground to challenge the Board’s Decision. He has attached a copy of the Board’s Decision to his affirmation in support of his application. DISCUSSION 14.As mentioned in paragraph 1, this application is late. In AW v. Director of Immigration and William Lam CACV 63 of 2015, 3 November 2015, §27 the Court of Appeal held that for extension of time for making the application for leave to apply for judicial review, the court has to consider, inter alia, the prospect of success of the intended application. I shall consider the merits of the applicant’s case. 15.The Court will bear in mind that the Board’s Decision should be examined with rigorous examination and anxious scrutiny. 16.In Re: Kartini [2019] HKCA 1022, 9 September 2019, the Court of Appeal held:
17.In the circumstances, the applicant fails to show that he has any realistic prospect of success in his proposed judicial review of the Board’s Decision. DISPOSITION 18.I refuse to extend time for the applicant to apply for leave to apply for judicial review of the Board’s Decision. Accordingly, I dismiss his application. Dated the 8th day of July 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 [1] Delay in applying for relief (O. 53, r. 4)
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Cases cited in this judgment