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Hong Kong Case Law

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Constitutional law [2026] HKCFI 2861

NGUYEN THI VAN v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE [Decision on Leave Application]

The Court of First Instance dismissed leave for judicial review of a non-refoulement decision, finding no arguable public law error, irrationality or unfairness.

  • Non-refoulement
  • Leave to apply for judicial review
  • Procedural fairness
  • State protection
  • Internal relocation
  • Irrationality/unreasonableness
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Administrative law [2026] HKCFI 2862

PHAM THI VAN v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE [Decision on Leave Application]

Leave to apply for judicial review was dismissed after the court held the application was premature and, in any event, disclosed no arguable error in the Board’s decision.

  • Judicial review
  • Leave to apply for judicial review
  • Abuse of process
  • Procedural fairness
  • Merits review vs judicial review
  • Appeal process to administrative board
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Constitutional law [2026] HKCFI 2788

MAHMOOD SHAHID v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE

The court refused to extend time to appeal against dismissal of leave for judicial review, finding no satisfactory explanation for delay and no realistic prospect of success.

  • Extension of time to appeal
  • Leave to apply for judicial review
  • Non-refoulement
  • Delay and explanation
  • Prospects of success
  • Extension-of-time
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Constitutional law [2026] HKCFI 2863

NGO THI NHUNG v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE [Decision on Leave Application]

The court dismissed leave to apply for judicial review of a non-refoulement decision, finding no arguable public law error and amending Form 86 to correct party status.

  • Judicial review
  • Leave to apply for judicial review
  • Credibility findings
  • Procedural fairness
  • Form 86 amendment
  • Judicial-review
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Administrative law [2026] HKCFI 2790

AHMAD HASHIR v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE [Decision on Leave Application]

Leave to apply for judicial review was refused in a non-refoulement appeal, as the applicant showed no realistic prospect of proving error, unfairness, or irrationality.

  • Non‑refoulement
  • Torture
  • Right to life (bor article 2)
  • Cidtp (bor article 3)
  • Persecution (refugee convention article 33)
  • Internal relocation
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Constitutional law [2026] HKCFI 2536

NIKMATU SHOLIKAH v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE [Decision on Leave Application]

The High Court dismissed leave for judicial review of a non-refoulement appeal, finding no arguable error of law, procedural unfairness, or irrationality in the Board’s decision.

  • Leave to apply for judicial review
  • Standard of review
  • Procedural fairness
  • Error of law
  • Non-refoulement protection
  • Judicial-review
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Administrative law [2026] HKCFI 2903

SALAUDDIN MD v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

Leave to apply for judicial review was refused. The Court found no arguable error, unfairness, or irrationality in the Board’s non-refoulement decision.

  • Non-refoulement
  • Torture risk
  • Persecution
  • Unified screening mechanism
  • Leave to apply for judicial review
  • Wednesbury unreasonableness
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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.