IQBAL MUHAMMAD AND OTHERS V. TORTURE CLAIMS APPEAL BOARD

[2024] HKCFI 130 Court of First Instance 9 January 2024 • HCAL314/2019 • 15 min read

8 cases cited (0 HK, 8 foreign) Cited by 3 cases

Judges (1)

Parties (8)

Director of Immigration Putative Interested Party Torture Claims Appeal Board Putative Respondent Iqbal Falen Applicant Iqbal Minahil Applicant Iqbal Muhammad Applicant Luisha Applicant Muhammad Balach Applicant Nurul Haerani Applicant

Case Significance

Iqbal Muhammad and Others v Torture Claims Appeal Board [2024] HKCFI 130 is a Court of First Instance judgment dated 9 January 2024. The application arose from a family headed by a Pakistani husband and Indonesian wife who sought leave to apply for judicial review of the Torture Claims Appeal Board's decision on their joint non-refoulement claim, made on the basis of a feared land dispute in Pakistan involving the husband's step-siblings. Several of the applicants made oral submissions in court. The Court of First Instance refused leave for the applicants to apply for judicial review. The matter returned to the Court of Appeal in Re Iqbal Muhammad and Others [2025] HKCA 778, Iqbal Muhammad and Others v Torture Claims Appeal Board [2025] HKCA 861, and Re Iqbal Muhammad and Others [2025] HKCA 946.

What claim underlay Iqbal Muhammad and Others v Torture Claims Appeal Board [2024] HKCFI 130?

The applicants, a family headed by a Pakistani husband and Indonesian wife, made a joint non-refoulement claim based on a feared land dispute with the husband's step-siblings in Pakistan; the Court of First Instance refused them leave for judicial review on 9 January 2024.

What was the outcome in Iqbal Muhammad and Others v Torture Claims Appeal Board [2024] HKCFI 130?

The Court of First Instance refused leave for the applicants to apply for judicial review of the Torture Claims Appeal Board's decision on their non-refoulement claim, a ruling dated 9 January 2024 that the Court of Appeal later revisited in [2025] HKCA 861.

Statutes Cited

Hong Kong Bill of Rights Ordinance (Cap 383)

Rules of the High Court (Cap 4A)

Cases Cited (8)

HK (8)

[2013] 1 HKC 526 [2018] HKCA 246 [2018] HKCA 328 [2018] HKCA 400 [2018] HKCA 524 [2020] HKCA 442 [2020] HKCA 971 [2021] HKCA 53

Cited By (3)

[2025] HKCA 946

RE IQBAL MUHAMMAD AND OTHERS

[2025] HKCA 861

IQBAL MUHAMMAD AND OTHERS V. TORTURE CLAIMS APPEAL BOARD

[2025] HKCA 778

RE IQBAL MUHAMMAD AND OTHERS

Citation influence

HKLII records this judgment as cited by 3 later judgments. This counts every later Hong Kong judgment that references this case, which is broader than the resolved citations listed above.

[2025] HKCA 778 Court of Appeal

1 September 2025

[2025] HKCA 946 Court of Appeal

28 October 2025

[2025] HKCA 861 Court of Appeal

26 September 2025