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(English) Begum Shufia & Sarker MD Salahin & Sarker MD Shahariyar v Torture Claims Appeal Board (CACV 19/2023)

(English) Begum Shufia & Sarker MD Salahin & Sarker MD Shahariyar v Torture Claims Appeal Board (CACV 19/2023)

(English) 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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For the avoidance of doubt, contents of any other website which may be linked from this website are not maintained or controlled by this firm, and this firm will not be responsible for the content or accuracy thereof. Such Links to other websites do not constitute an endorsement by this firm of such websites or the information or other materials available thereon.

(English) Our website and its contents are provided for general information purposes only and nothing on this website or in its contents is intended to provide legal or other professional advice. We do not accept responsibility for loss which may arise from reliance on information or materials published on this website. If you wish to find out more about the information published, please contact us by email.
For the avoidance of doubt, contents of any other website which may be linked from this website are not maintained or controlled by this firm, and this firm will not be responsible for the content or accuracy thereof. Such Links to other websites do not constitute an endorsement by this firm of such websites or the information or other materials available thereon.