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HCAL 1728/2025
[2026] HKCFI 4647
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF FIRST INSTANCE
CONSTITUTIONAL AND ADMINISTRATIVE LAW LIST No. 1728 of 2025
BETWEEN
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Mushi Beatrice Jerome |
Applicant
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and |
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Torture Claims Appeal Board/
Non-refoulement Claims Petition Office
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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 Deputy High Court Judge K.W. Lung:
Leave to apply for Judicial Review be refused.
Observations for the Applicant:
THE APPLICATION
1. The applicant applies for leave to apply for judicial review
of the Decision dated 20 June 2025 of the Torture Claims Appeal Board (“the Board’s Decision), which dismissed
her appeal against the Director’s Decision refusing her non-refoulement claim as mentioned below.
2. The applicant did not ask for a hearing.
The applicant
3. The applicant is a national of Tanzania. She is an
illegal immigrant. She lodged a non-refoulement claim on the basis that, if refouled, she will be harmed
or killed by her brother due to a land dispute.
4. Details of her claim are set out in the Board’s Decision.
See hyperlink. https://legalref.judiciary.hk/doc/judg/html/vetted/other/en/2025/HCAL001728_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 17 March 2025 (“Director’s
Decision”), the Director dismissed the applicant’s claim on all applicable risks because it was unsubstantiated.
The Board’s Decision
7. The applicant appealed the Director’s Decision to the
Board. On 29 April 2025, the Board conducted an oral hearing for her. The applicant had given
evidence and answered the Board’s questions.
8. Having considered the evidence, the Board seems to accept the
facts as the applicant alleged, but nevertheless found that her brother had no strong intention to kill her
[41]; that Torture risk will be remote [42]; that there was no evidence of the state was involved [43]; that her
claim failed under the applicable risks. [38]-[62]; and that internal relocation is viable. [73]
9. For the above reasons, the Board dismissed her appeal and
affirmed 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 4 August 2025 for
leave to apply for judicial review of the Board’s Decision.
11. The applicant did not raise any specific ground to
challenge the Board’s Decision. She has attached a copy of the Board’s Decision to her Affirmation.
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. The applicant has raised no valid ground to challenge the
Board’s Decision.
16. The applicant fails to show that she has any realistic
prospect of success in her 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 her application.
Dated the 19th day of August 2026
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(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:
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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 19/8/2026
Mushi Beatrice Jerome
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
19/8/2026
Torture Claims Appeal Board/Non-refoulement Claims Petition Office
Putative Respondent’s ref. no.:
USM 25961
Director of Immigration
Putative Interested Party’s ref. no.: RBCL/2577/24
Department of Justice,
Senior Assistant Law Officer
(Civil Law)
(Civil Litigation Unit 2)
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Form CALL-1
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