DAS RADHA MOHAN V. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE

Case Significance

Das Radha Mohan v. Torture Claims Appeal Board / Non-Refoulement Claims Petition Office [2024] HKCFI 2208 is a Court of First Instance decision dated 23 August 2024. The applicant, a Bangladeshi Hindu who had served as a BNP ward president, sought leave for judicial review of the Torture Claims Appeal Board's decision affirming rejection of his non-refoulement claim, which was based on fear of Awami League members who had attacked him and burnt down his shop. Deputy High Court Judge Reuden Lai found no error of law or procedural unfairness and no realistic prospect of success, and leave to apply for judicial review was refused. The decision cites Busto Jocelyn Manuel v. Torture Claims Appeal Board / Non-Refoulement Claims Petition Office [2024] HKCFI 839, and has itself been cited in later non-refoulement matters, including Rashed Joarder alias Rashed Rashedul Islam Rashed v. Torture Claims Appeal Board / Non-Refoulement Claims Petition Office [2025] HKCFI 3062, Ghulam Naveed v. Torture Claims Appeal Board / Non-Refoulement Claims Petition Office [2025] HKCFI 3916, and Hussain Tajammal v. Director of Immigration and Another [2025] HKCFI 5515.