Case Detail

ALI AWAIS v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE

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[2025] HKCFI 6135-EN-2025-12-30

ALI AWAIS v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE

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HCAL 1053/2025

[2025] HKCFI 6135

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CONSTITUTIONAL AND ADMINISTRATIVE LAW LIST

NO. 1053 OF 2025

_____________

BETWEEN
	Ali Awais	Applicant
	and
	Torture Claims Appeal Board / Non-refoulement Claims Petition Office	Putative Respondent
	and
	Director of Immigration	Putative
		Interested Party

_____________

Before:

High Court Judge K.W. Lung in Chambers

Date of Decision:

30 December 2025

_______________

D E C I S I O N

_______________

The application

1. The applicant is an illegal immigrant by staying in Hong Kong without permission and he lodged a non-refoulement claim with the Director of Immigration (“the Director”). The Director rejected his application and he appealed to the Torture Claims Appeal Board (“the Board”). Having considered his evidence, the Board, by its Decision dated 19 March 2025 (“the Board’s Decision”), rejected his appeal and affirmed the Director’s Decision.

2. Pursuant to Order 53, rule 3(2) of the Rules of the High Court (“RHC”), the applicant filed Form No. 86 to apply for leave to apply for judicial review of the Board’s Decision.

3. By Form CALL-1 dated 13 October 2025 (“the Court’s decision”), the Court dismissed his application for the reason that there is no realistic prospect of success in his intended application.

4. The Court’s decision was sent to the applicant on 13 October 2025 at his last known address without being returned from the Post Office. He is deemed to receive the Court’s decision[1].

5. The time for filing the notice of appeal expired on 27 October 2025[2].

6. By summons filed on 5 November 2025, the applicant applied for appeal against the Court’s decision out of time. He is late for 9 days.

7. In his affirmation in support of his application, the applicant said that he did not receive the court’s letter. He has raised the grounds below in support of his application.

(1)  There has been procedural unfairness because he was not given a hearing for him to present his case to the Court.
(2)  He did not have adequate interpretation or legal assistance.
(3)  The judge failed to apply anxious scrutiny to his case,
(4)  The Court has not considered his affirmation in support of his application.
(5)  The Board had misinterpreted his evidence, disregard material facts and failed to conduct a fair assessment of risk, which the Court failed to clarify in its decisions.
(6)  The judge failed to consider whether the Board’s findings on internal relocation and state protection were rational and supported by evidence.

Discussion

8. Pursuant to Order 32, rule 11 and 11A and Order 53, rule 3(3) of the RHC, having considered the applicant’s reason, I decide to determine this application on paper without an oral hearing[3].

9. The Court will consider the factors as set out in AW v Director of Immigration and William Lam [2016] 2 HKC 393 at para. 27(3) in considering if extension of time should be extended: (1) the length of delay; (2) the reasons for the delay; (3) the prospect of the intended appeal; and (4) the prejudice to the putative respondent if extension of time was granted. I shall consider the merits of his case.

10. In Re Adumekwe Rowland Ejike[2019] HKCA 702, the Court of Appeal held:

“19. The prospect of success of the intended appeal is important: the court will not grant extension for a hopeless appeal to be pursued, see Re Rahman Wasif[2019] HKCA 299 at [13]; Re Kpamou Gbotoi Bernard[2019] HKCA 168; and Re Irshad Muhammad[2018] HKCA 864 at [16].”

11. The applicant claimed that if refouled, he will be harmed or killed by his enemies because he refused to pay them extortion money.

12. The Director rejected his claim because it was not substantiated. He appealed to the Board.

13. Having considered the evidence, the Board dismissed his appeal for the reason that there is no evidence that his enemies will kill him if he returns to Pakistan; that state protection will be available and internal relocation is viable at cities such as Lahore or Sialkot City.

14. As to those reasons under paragraph 7, they fail because (1) he did not request a hearing and the law provides that no hearing should be conducted for his ex parte application; (2) he is not entitled to free legal assistance or interpretation at all stages of the proceedings, as held by the Court of Appeal; (3) & (4) they are only his bare assertions without any evidence in support; (5) he has not raised those reasons in his affirmation in support of his application; (6) this is within the province of the Board and the Court has no reason from the applicant to challenge the Board’s findings.

15. There is no valid reason from the applicant to challenge the Board’s Decision or the Court’s decision.

16. In the circumstances, I refuse to extend time for his appeal. Accordingly, I dismiss his application.

(K.W. Lung)
Deputy High Court Judge

The applicant was unrepresented.

[1] Re: Ravinder Singh[2023] HKCA 604, Hon Poon CJHC and Cheung JA, 28 April 2023

“17. The applicant had not filed any notice of change of address for service to notify of any changes in his address. According to the Court’s record, the Court’s decision was sent to the applicant’s last known address on 31 March 2022 by ordinary post. He was deemed to receive the same on the next following day, not being a specified day such as a Saturday or a general holiday. He was therefore deemed to have received the Court’s decision on 1 April 2022. ”

[2] The public holidays are included in the 14-day period as per Order 2(5) of the Rules of the High Court

2. Reckoning periods of time (O. 3, r. 2)
(5) Where, apart from this paragraph, the period in question, being a period of 7 days or less, would include a specified day, that day shall be excluded.
(35 of 1998 s. 5; 18 of 2016 s. 5)

[3] Ogbozor Tochukwu Eugene v Torture Claims Appeal Board/Non-refoulement Claims Petition Office and Director of Immigration[2022] HKCA 607, Hon Kwan VP and G Lam JA, 6 May 2022:

“16. … … In respect of his complaint of no oral hearing, the judge is entitled to decide the matter on paper pursuant to the Order 32, rules 11 and 11A and Order 53 rule 3(3) of the Rules of the High Court.”

HCAL 1053/2025

[2025] HKCFI 4452

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CONSTITUTIONAL AND ADMINISTRATIVE LAW LIST No. 1053 of 2025

BETWEEN
	Ali Awais	Applicant
	and
	Torture Claims Appeal Board	Putative 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:

Leave to apply for Judicial Review be refused.

THE APPLICATION

1. The applicant applies for leave to apply for judicial review of the Decision dated 19 March 2025 of the Torture Claims Appeal Board (“the Board’s Decision”), dismissing the appeal against the Director’s Decision as described below.

2. The applicant did not ask for a hearing.

The applicant

3. The applicant is a national of Pakistan. He is an illegal immigrant, having entered into Hong Kong illegally on 5 November 2023 andsurrendered to the Immigration Department on 8 November 2023. He lodged a non‑refoulement claim on the basis that, if refouled, he will be harmed or killed by Boota and Amir (“his enemies”) because he refused to pay them extortion money.

4. Details of his claim are set out in the Board’s Decision. See hyperlink https://legalref.judiciary.hk/doc/judg/html/vetted/other/en/2025/HCAL001053_2025_files/the_Board's_Decision.pdf.

The Director’s Decision

5. 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”).

6. By way of Notice of Decision dated 19 December 2024 (“the Director’s Decision”), the Director dismissed the applicant’s claim because it was unsubstantiated.

The Board’s Decision

7. The applicant appealed the Director’s Decision to the Board. On 5March 2025, the Board conducted an oral hearing for his appeal. The applicant had given oral evidence and answered the Board’s questions.

8. Having considered the evidence, the Board found the facts below.

(1)  The Board accepted that the applicant refused to pay extortion money to his enemies as he claimed and he feared that he might be harmed if he returned to Pakistan. [44]
(2)  However, there was no evidence to show (i) that his enemies would harm or kill him if he were to return to Pakistan; (ii) that he faces risk throughout Pakistan; (iii) he suffered injuries to the required severity; and the state was unwilling to help him. [45]
(3)  State protection appears to be available to him. [63]
(4)  If he wants to relocate, Lahore or Sialkot City will be suitable cities for him. [91]

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

Application for leave to apply for judicial review of the Board’s Decision

10. The applicant has filed Form 86 dated 6 May 2025 for leave to apply for judicial review of the Board’s Decision.

11. In his affirmation in support of his application, the applicant said that he wanted to talk to the adjudicator again as he did not give him true decision. He did not provide specific particulars as to what he meant by the adjudicator not giving him true decision. Nor did he raise any other specific reason to challenge the Board’s Decision.

DISCUSSION

12. 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, §40 and Nupur Mst v Director of Immigration[2018] HKCA 524, §14 (1).

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

14. In Re: Kartini[2019] HKCA 1022, 9 September 2019, the Court of Appeal held:

“13. (1) … …Assessment of evidence and COI materials and risk of harm, state protection and viability of internal relocation are primarily within the province of the Board (and the Director). The court will not intervene by way of judicial review unless there are errors of law or procedural unfairness or irrationality in the decision of the Board.”

15. His reasons in support of his application under paragraph 11 are vague and without any evidence in support. The applicant has raised no valid ground to challenge the Board’s findings.[1]

16. The applicant fails to show that he has any realistic prospect of success in his proposed judicial review of the Board’s Decision.

DISPOSITION

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

Dated the 13^th day of October 2025

(Klein Tse)
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 13/10/2025 Umer Farooq 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 13/10/2025 Torture Claims Appeal Board/Non-refoulement Claims Petition Office Putative Respondent’s ref. no.: USM 25584 Director of Immigration Putative Interested Party’s ref. no.: INCL-0002426-24 (CZ) Department of Justice, Senior Assistant Law Officer (Civil Law) (Civil Litigation Unit 2)

Form CALL-1

[1] The Court of Appeal in Salim Ahmed alias MD Salim[2020] HKCA 244 held:

“20. … … general assertions or propositions of law cannot assist an appellant when he fails to condescend to the requisite particulars related to the facts of his case: Re Mizan Sikder[2019] HKCA 20 and Ibrahim v Simon Russell[2019] HKCA 1327.” See also Re Haider Khalil[2021] HKCA 223 [16].”