On 9 July 2024, the Court of Appeal ruled in favour of the minor applicants in Begum Shufia & Sarker MD Salahin & Sarker MD Shahariyar v Torture Claims Appeal Board (CACV 19/2023), granting leave for the minor applicants to challenge the Torture Claims Appeal Board’s decision on Fabio grounds.
In particular, the Court made it clear that even if the minor applicants were legally represented before the Board, it is still necessary for the Board to consider their claims separately from that of their mother. Failure to do so would give rise to a reasonably arguable ground of judicial review.
We are grateful to have the pro bono assistance of Ms. Samantha Lau of Denis Chang’s Chambers (instructed by our firm).
Click here for the full judgment.
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