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HCAL 67/2020
[2026] HKCFI 777
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF FIRST INSTANCE
CONSTITUTIONAL AND ADMINISTRATIVE LAW LIST NO 67 OF 2020
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BETWEEN
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Mia Akash |
Applicant |
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and |
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Torture Claims Appeal Board |
Putative Respondent |
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and |
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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:
Order by Hon B. Fung J:
Leave to apply for judicial review be refused.
Observations for the Applicant:
1. The Applicant filed a Form 86 against the decision of the Tortures Claim Appeal Board (TCAB) dated 19 December 2019.
2. The non-refoulement claim was considered on all comprehensive grounds: (1) the risk under Part VIIC of the Immigration Ordinance (Cap.115) (“torture risk”); (2) risk to his right to life under Article 2 of the Hong Kong Bill of Rights (Cap.383) (“BOR2 risk”). (3) risk of cruel, inhumane or degrading treatment or punishment (“CIDTP risks”) under Article 3 of the Hong Kong Bill of Rights (“BOR3 risk”); (4) risk of prosecution with reference to the non-refoulement principles under Article 33 of the Convention Relating to the Status of Refugees 1951 (“persecution risk”). His case was dismissed by the TCAB on all grounds.
3. The Applicant was born in in Bangladesh. He belonged to Bangladesh Nationalist Party (BNP), and was in fear of being killed by members of Awami League (AL)
4. There were 3 incidents of assaults and threats: (1) He was assaulted by 4 AL members in 2017. (2) In 2018, the same 4 AL members with another AL member beat him up with sticks and threatened to kill him if he did not leave BNP. He did not report the matter to the police. He then went to Doha, Qatar to work for few months in 2018, and returned since elections. (3) AL won in the election. On the day after election, he was assaulted by AL members and was hospitalized. He fled to Jessore in Bangladesh, and then to India but returned in 2019. There after he fled to China.
5. The TCAB considered it was a “private dispute” between party members as to whether to change from BNP to AL. There was no state persecution or punishment. There was no assistance from police, but the matter was not elevated to governmental level. Internal relocation allowed in Banglasdesh. The non-refoulement claim was dismissed.
6. For the leave application, the Applicant filed written submission on 15 December 2025. There were 16 Grounds, but were standard templated grounds that the TCAB unfair, wrong and unreasonable without particulars, and that Bangladesh was still in deadly situation.
7. At leave hearing, the Applicant submitted that there were still many problems in Bangladesh.
8. Judicial review does not operate as a rehearing of the refoulement claim, but to consider whether the original decision maker(s) has erred in the law, irrationality in the decision(s) or procedural unfairness (see cases: Re Lakhwinder Singh [2018] HKCA 246; Re Daljit Singh [2018] HKCA 328; Re Mudannayakalage Chaminda Pushpa Kumara [2018] HKCA 400; and Nupur Mst v Director of Immigration [2018] HKCA 524).
9. The grounds did not condescend to any particulars of error of the TCAB.
10. In the event, the application for leave is refused.
Dated the 6th day of February 2026
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(Kitty Lam)
for Registrar, High Court
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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:
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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)).
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Sent to the Applicant on 6 February 2026
Mia Akash
Applicant’s ref. no.:
Nil. |
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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 6 February 2026
Torture Claims Appeal Board
Putative Respondent’s ref. no.:
USM 16338/19/9/94/B2092
Director of Immigration
Putative Interested Party’s ref. no.:
QA T/C 691/19(Formerly RBCZ 10497/19)
Department of Justice,
Senior Assistant Law Officer
(Civil Law)
(Civil Litigation Unit 2) |
Form CALL-1
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