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Hong Kong Case Law

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Administrative law

POTHA IN TUNCHANOK v. TORTURE CLAIMS APPEAL BOARD

上訴人就拒絕批予司法覆核許可提出上訴,但未能指出原審法官的任何錯誤;上訴法庭認為其理由僅屬一般性指稱,遂駁回上訴。

  • Non-refoulement
  • Leave to apply for judicial review
  • Appeal from refusal of leave
  • Irrationality
  • Procedural unfairness
  • Judicial-review
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Immigration law

CAO THI THANH v TORTURE CLAIMS APPEAL BOARD

The Court of Appeal dismissed a non-refoulement appeal challenging refusal of leave for judicial review, finding only general and unparticularised allegations.

  • Non-refoulement claim
  • Refusal of leave
  • Appeal against judicial review refusal
  • Procedural unfairness
  • Irrationality
  • Risk of harm on refoulement
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Administrative law

Daljit Singh v. Torture Claims Appeal Board

The Court of Appeal dismissed Daljit Singh’s appeal against refusal of leave for judicial review in a non-refoulement claim, finding no viable ground to interfere.

  • Non-refoulement claim
  • Judicial review leave
  • Appeals against refusal of leave
  • Procedural fairness
  • Irrationality
  • Unreasonableness
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Immigration law

Rizwan Muhammad v Torture Claims Appeal Board

上訴人不服拒絕批予司法覆核許可的命令提出上訴,但未提出可行理由;上訴法院認為原審無錯,遂駁回上訴。

  • Non-refoulement claim
  • Refusal of leave
  • Appeal against judicial review leave refusal
  • Political persecution risk
  • Judicial-review
  • Non-refoulement
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Administrative law

Re ISLAM MOHHAMED SERAZUL

The Court of Appeal dismissed an applicant’s appeal against refusal of leave to seek judicial review in a non-refoulement claim, finding no arguable error and no basis to intervene.

  • Judicial review
  • Non-refoulement claim
  • Leave to apply for judicial review
  • Appeal procedure
  • Procedural non-compliance
  • Wednesbury unreasonableness
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Public law

Azhar Abbas v Torture Claims Appeal Board

The Court of Appeal dismissed Azhar Abbas’s appeal against refusal of leave for judicial review in a non-refoulement claim, finding no evidential basis or legal error.

  • Non-refoulement claim
  • Leave to apply for judicial review
  • Appeal against refusal of leave
  • Refoulement risk assessment
  • Judicial-review
  • Non-refoulement
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Immigration law

Sana Ullah v Torture Claims Appeal Board

The Court of Appeal dismissed Sana Ullah’s appeal from refusal of leave to seek judicial review of a non-refoulement decision, finding only bare assertions with no particulars.

  • Non-refoulement claim
  • Leave to apply for judicial review
  • Appeal dismissal
  • Non-refoulement
  • Judicial-review
  • Appeal-dismissal
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Immigration

RE SHANTA ALIMA AKTER AND OTHERS

The Court of Appeal dismissed an appeal against refusal of leave to seek judicial review of non-refoulement claim decisions, including claims by two minor applicants.

  • Non-refoulement claims
  • Torture claims appeal board
  • Leave to apply for judicial review
  • Claims by minor applicants
  • Wednesbury irrationality
  • Procedural fairness
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Hong Kong decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.