Suman Acting As the Next Friend of Ravi Daksh v. Torture Claims Appeal Board / Non-refoulement Claims Petition Office

Case No.HCAL 1372/2026[2026] HKCFI 5245
Court
High Court CFI
Date16 Sep 2026
Judge—
Case Document
100%

HCAL 1372/2026

[2026] HKCFI 5245

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CONSTITUTIONAL AND ADMINISTRATIVE LAW LIST No. 1372 of 2026

BETWEEN

  Suman acting as the next friend of Applicant
  Ravi Daksh  
  and  
  Torture Claims Appeal Board/ Putative
  Non-refoulement Claims Petition Office Respondent
  and  
  Director of Immigration Putative
    Interested Party

Application for Leave to Apply for Judicial Review

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

Following;

    consideration of documents only;          or
   consideration of documents and Applicant being absent in open court;

Order by Deputy High Court Judge K.W. Lung:

1.  Leave to apply for Judicial Review be refused; and

2.  Non-compliance with Order 80, rule 2 of the Rules of the High Court in these proceedings be treated as a mere irregularity without rendering the Applicant’s application a nullity.

Observations for the Applicant:

THE APPLICATION

1.The 1st named is the mother (“the mother”) acting as the next friend of the 2nd named, the applicant, her son born in the year of 2025 (“the son”). The mother gave birth to the son in Hong Kong. They are illegal immigrants.

2.The applicant applies for leave to apply for judicial review of the Decision dated 24 July 2026 of the Torture Claims Appeal Board (“the Board’s Decision”). His application relies upon the facts of the mother’s claim, which had been dealt with in [2025] HKCFI 5161. This Court dismissed the joint application of the mother and her husband for leave to apply for judicial review of the Board’s Decision dated 30 April 2025.

3.The applicant did not request an oral hearing.

4.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, the Director of Immigration is the interested party and the 1st name applicant is acting as the next friend of the applicant, a minor.

The applicant

5.The applicant is a national of India.

6.The applicant lodged a non-refoulement claim, on the basis that, if refouled, the mother will be harmed or killed by both of his paternal and maternal parents because his parents’ marriage was a same sub-caste marriage. Further, the mother worried that the son will fall prey to child labour and be inflicted considerable physical and mental sufferings.

7.Details of the facts are set out in the Board’s Decision. See hyperlink. https://legalref.judiciary.hk/doc/judg/html/vetted/other/en/2026/HCAL001372_2026_files/the_Board's_Decision.pdf

The Director’s Decision

8.The Director considered the applicant’s claim in relation to the following risks:

a.  risk of torture under Part VIIC of the Immigration Ordinance, Cap. 115, (“the Ordinance”) (“Torture risk”);

b.  risk of violation of the right to life under Article 2 of Section 8 of the Hong Kong Bill of Rights Ordinance, Cap. 383 (“HKBOR”) (“BOR 2 risk”);

c.  risk of torture or cruel, inhuman or degrading treatment or punishment (“CIDTP”) under Article 3 of Section 8 of the HKBOR (“BOR 3 risk”); and

d.  risk of persecution by reference to the non-refoulement principle under Article 33 of the 1951 Convention relating to the Status of Refugees and its 1967 Protocol (“Refugee Convention”) (“Persecution risk”).

9.By way of the Notice of Decision dated 15 April 2026 (“Director’s Decision”), the Director dismissed the applicant’s claim on all applicable risks because it was unsubstantiated.

The Board’s Decision

10.Acting by the mother, the applicant appealed the Director’s Decision to the Board. On 24 June 2026, the Board conducted an oral hearing for the appeal. The mother and the applicant’s father had given evidence and answered the Board’s questions [52].

11.Having considered the evidence, the Board made the findings below.

(1)  The information and evidence of the parents are not to be believed. [59]

(2)  By internal relocation, the applicable risks can be avoided. [66]

(3)  The state was not involved. [67]

(4)  The parents will be able to provide shelter and sustain the son’s livelihood in India. [74]

(5)  There was no evidence that he will be deprived of education or subjected to child labour in India. [75]

(6)  State protection will be available. [85]

12.For the reasons above, the Board dismissed the appeal and confirmed the Director’s Decision.

Application for leave to apply for judicial review

13.The applicants filed Form 86 on 31 July 2026 for leave to apply for judicial review of the Board’s Decision.

14.In her affirmation, the mother said that she would appeal against the Director’s Decision as well. However, the Director’s Decision is superseded by the Board’s Decision. She raised no specific reason to challenge the Board’s Decision. She has attached a copy of the Board’s Decision to her affirmation.

DISCUSSION

15.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 applicant’s 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).

16.The Court will bear in mind that the Board’s Decision should be examined with rigorous examination and anxious scrutiny.

17.As the mother’s claim has been dismissed by the Board and this Court has also dismissed her application for leave for judicial review of the Board’s Decision dated 30 April 2025, there is no factual basis in support of the application’s claim. The remaining consideration is whether there are child specific issues, which prevent the applicant from being refouled to India.

18.The Board had considered the mother’s concerns for the son, and in the Board’s Decision, decided that the son will not be subjected to any of the applicable risks or child labour if he returns to India with his parents. In my view, the Board’s decisions are reasonable and rational. There is no reason from the mother that this Court should interfere with the Board’s Decision.

19.The applicant therefore fails to show that there is any realistic prospect of success in the proposed judicial review.

DISPOSITION

20.I refuse to grant leave to the applicant to apply for judicial review of the Board’s Decision. Accordingly, I dismiss the application.

21.I shall treat non-compliance with Order 80, rule 2 of the RHC in these proceedings as a mere irregularity without rendering the applicant’s application a nullity.

Dated the 16th day of September 2026

  (Allen LEE)
for Registrar, High Court

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




Notes for the Applicant:

If leave has been granted, the Applicant or the Applicant’s solicitors must:

       
a) serve on the respondent and such interested parties as may be directed by the Court the order granting leave and any directions given within 14 days after the leave was granted (Order 53, rule 4A);

b) issue the originating summons within 14 days after the grant of leave and serve it in accordance with Order 53, rule 5; and

c) supply to every other party copies of every affidavit which the Applicant proposes to use at the hearing, including the affidavit in support of the application for leave (Order 53, rule 6(5)).
  Sent to the Applicant
on 16/9/2026

Suman acting as the next friend of Ravi Daksh

Applicant’s ref. no:
Nil.
  Sent to the Putative Respondent
/ the Putative Respondent’s solicitors / such Putative Interested Parties as may be directed by the Court / the Putative Interested Parties’ solicitors on 16/9/2026

Torture Claims Appeal Board/
Non-refoulement Claims Petition Office

Putative Respondent’s ref. no.:
USM 28508

Director of Immigration
Putative Interested Party’s ref. no.:
INCL-0002668-25

Department of Justice,
Senior Assistant Law Officer
(Civil Law)
(Civil Litigation Unit 2)



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