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Hong Kong Case Law

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Constitutional law [2026] HKCFI 2773

ASHRAF USAMA, suing by her mother and next friend, YANUAR FARIDAH v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE [Decision on Leave Application]

Court
Court of First Instance
Case number
HCAL2156/2024

The Court of First Instance dismissed a minor applicant’s leave application for judicial review of a non-refoulement decision, finding no arguable error, unfairness, or irrationality.

  • Leave to apply for judicial review
  • Standard of review (fact vs law)
  • Procedural compliance (form 86; o.80 r 2)
  • State protection and internal relocation
  • Withdrawal of proceedings
  • Hkbor art 2 and art 3
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Immigration law [2026] HKCA 917

PHAM THI HUYEN AND ANOTHER v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE

Court
Court of Appeal
Case number
CACV713/2025

The Court of Appeal dismissed a joint appeal against refusal of leave to seek judicial review of non-refoulement decisions, finding no viable ground to interfere.

  • Non-refoulement
  • Leave to apply for judicial review
  • Procedural fairness
  • Assessment of risk and state protection
  • Minor-specific procedural protections
  • Judicial-review
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Constitutional law [2026] HKCFI 2465

S AND ANOTHER v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

Court
Court of First Instance
Case number
HCAL360/2020

Leave to judicially review was refused for the mother, but granted for the infant applicant because the Board may have failed to consider his child-specific risks separately.

  • Leave to apply for judicial review
  • Failure to give child-specific consideration
  • Fabio principles
  • Unified screening mechanism
  • Anonymity order
  • Legal aid and representation
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Constitutional and administrative law [2026] HKCFI 2273

SOHEL LABIB, a minor, by next friend and legal guardian, AKTER LABONI v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

Court
Court of First Instance
Case number
HCAL685/2020

The Court of First Instance granted leave for judicial review, holding that the Board arguably erred by not separately considering a minor’s child-specific non-refoulement claim.

  • Judicial review
  • Leave to apply for judicial review
  • Unified screening mechanism
  • Child-specific considerations in protection claims
  • Procedural fairness
  • Wednesbury unreasonableness
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Immigration law [2026] HKCA 632

RE SHAHUL HAMEED BEER MOHAMED AND OTHERS

Court
Court of Appeal
Case number
CACV77/2024

Court of Appeal dismissed a family’s leave appeal in a non-refoulement case, holding there was no arguable error about return to India and no basis to disturb the leave refusal.

  • Leave to apply for judicial review
  • Child-specific assessment
  • Procedural fairness for unrepresented minors
  • Internal relocation
  • Unity of family
  • Judicial review standard
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Constitutional law [2026] HKCFI 1800

SIKDAR SABRINA (a minor) by BEGUM AKASHI, her next friend v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

Court
Court of First Instance
Case number
HCAL274/2024

Leave for judicial review was refused in a non-refoulement case involving a Bangladeshi minor. The court found no error of law, procedural unfairness, or irrationality.

  • Non-refoulement
  • Judicial review
  • Leave to apply for judicial review
  • Statelessness
  • Internal relocation
  • Burden and standard of proof
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Administrative law [2025] HKCFI 5502

SIKDAR RATNA AND ANOTHER v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE [Decision on Leave Application]

Court
Court of First Instance
Case number
HCAL221/2020

The court granted leave out of time for judicial review of a non-refoulement decision, finding an arguable case of procedural unfairness and inadequate treatment of a minor’s claim.

  • Non‑refoulement/asylum
  • Procedural fairness (brown v dunn)
  • Judicial review leave and threshold
  • Extension of time/delay
  • Representation of minors
  • Standard of review on findings of fact
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Constitutional and administrative law [2025] HKCFI 5674

LESTARI MARSHELLO CHAMLING RAI (a minor) by LESTARI, WINDA, his next friend v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

Court
Court of First Instance
Case number
HCAL172/2024

Leave to apply for judicial review was dismissed after the applicant’s non-refoulement claim was withdrawn and the court found the matter otiose.

  • Leave to apply for judicial review
  • Withdrawal of proceedings
  • Non-refoulement
  • Next friend representation
  • Otiose/mootness doctrine
  • Unified screening mechanism
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Immigration law [2025] HKCA 988

RE SRI WAHYUNINGSIH AND OTHERS

Court
Court of Appeal
Case number
CACV27/2025

The Court of Appeal allowed a non-refoulement appeal, set aside the refusal of leave for judicial review, and held the Board erred by dismissing claims without assessing them.

  • Non-refoulement
  • Judicial review
  • Extension of time
  • Procedural fairness
  • Burden of proof
  • Minor-specific claims
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Administrative law [2025] HKCA 778

RE IQBAL MUHAMMAD AND OTHERS

Court
Court of Appeal
Case number
CAMP124/2024

Court of Appeal dismissed extension-of-time applications for five applicants in a non-refoulement judicial review, but allowed the minor applicant’s appeal to proceed on child-specific grounds.

  • Extension of time
  • Judicial review leave
  • Non-refoulement
  • Best interests of the child
  • Internal relocation
  • Credibility findings
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About this LexChat collection

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.

Source links and collection timestamps are retained alongside the indexed records.