The High Court has refused permission for charity proceedings after two members of a mosque in Middlesborough challenged their recent expulsions.
Mirja Shahriar Ahmed and Sabbir Miah were both banned from entering the Masjid-E-Nomira, run by Tees Valley Islamic and Cultural Association (TVICA), following an altercation outside the mosque in 2023.
Ahmed, who was joint secretary of TVICA, and Miah, formerly a trustee, claimed that it was unlawful for the charity to expel them and sought to bring charity proceedings.
The Charity Commission refused to make an order for such proceedings so the ousted members sought permission from the High Court.
However, in a judgment handed down last week, Judge Davis-White dismissed the application.
While the judge assessed that the members had a viable claim to make, he was “not satisfied that there is any benefit to the charity, rather than to the claimants, in the proposed proceedings”.
In particular, the judge echoed a concern raised by the commission that there is a risk “the assets of the charity, which are held upon charitable trusts, would be severely depleted” if such proceedings were brought.
He did not accept the claimants’ suggestion that the costs of the proceedings could be limited to £16,000.
The judge added that “there is no convincing evidence that […] procedures within the charity have not been properly followed”.
TVICA registered as a charity in 2017 and recorded an income of £20,800 in the year to April 2025.
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