Hong Kong Case Law: Decisions & Judgments

Topic

Article 2 hkbor

Legal area

Court

1 Apr 2026

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

Citation

[2026] HKCFI 1687
Court

Court of First Instance
Case number

HCAL1383/2025

Leave to apply for judicial review was refused because the applicant's grounds were bare assertions lacking evidential support, she failed to demonstrate any error of law, procedural unfairness or irrationality in the Board's Decision, and therefore had no realistic prospect of success.
20 Jan 2026

ARSHAD MAHMOOD v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

Citation

[2026] HKCFI 387
Court

Court of First Instance
Case number

HCAL234/2021

Leave was refused because the applicant failed to identify any reasonably arguable legal error, irrationality or procedural unfairness in the Director's and Board's independent assessments that the risk was low, state protection and internal relocation were available, and therefore there was no prospect of success on judicial review.
27 Oct 2025

RAJENDIRAN JOHNKENNADY v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

Citation

[2025] HKCFI 5021
Court

Court of First Instance
Case number

HCAL1646/2020

Extension of time was refused and the application for leave dismissed because the applicant filed over four years late without any satisfactory explanation, the intended challenge disclosed no arguable legal error or procedural unfairness in the Board's decision (which rested on adverse credibility findings and a reasonable internal relocation conclusion), and judicial review cannot be used to rehear the merits of a non-refoulement decision absent a proper legal basis.
30 Sept 2025

HASHMI MUHAMMAD JAVED v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

Citation

[2025] HKCFI 4517
Court

Court of First Instance
Case number

HCAL1604/2020

Leave to apply for judicial review was refused because the applicant failed to identify any reasonably arguable error of law, irrationality or procedural unfairness in the Director's or the Board's decisions; both decision-makers reasonably assessed credibility, treated the harm as a private land dispute, and found state protection and internal relocation available, such that judicial review as a rehearing was inappropriate.
8 Aug 2024

HARPREET SINGH v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

Citation

[2024] HKCFI 2026
Court

Court of First Instance
Case number

HCAL587/2024

Leave was refused because the Applicant failed to identify any reasonably arguable legal error, irrationality or procedural unfairness in the Director's or Board's decisions; the Board and Director applied correct legal tests, found any risk to be localized and remediable by state protection or reasonable internal relocation, and judicial review cannot be used to re-hear merits absent identifiable legal error, so there was no prospect of success.
30 Apr 2024

PEREZ ADELA SIMEON v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

Citation

[2024] HKCFI 1177
Court

Court of First Instance
Case number

HCAL605/2019

Leave refused because the applicant failed to identify any reasonably arguable legal error, irrationality or procedural unfairness in the Director's or Board's decisions; both decision-makers reasonably assessed risk as low, relied on absence of past ill-treatment, availability of state protection and viable internal relocation alternatives, and the court will not re-hear the merits on judicial review.
7 Feb 2024

DENOSTA SHERYL CASTRO v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE [Decision on Leave Application]

Citation

[2024] HKCFI 342
Court

Court of First Instance
Case number

HCAL1241/2019

Leave was refused because the applicant failed to identify any arguable legal error, procedural unfairness or irrationality in the Board's decision; the Board's adverse credibility findings and conclusions on state protection and internal relocation fall within its fact-finding remit and do not disclose a realistic prospect of success on judicial review.
2 Feb 2024

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

Citation

[2024] HKCFI 408
Court

Court of First Instance
Case number

HCAL1461/2019

The Board committed an error of law by refusing to extend time without considering the merits of the applicant's claim; that error gives the applicant a realistic prospect of success and justifies granting leave to apply for judicial review.
1 Feb 2024

PHAM THI LIEN AND ANOTHER v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

Citation

[2024] HKCFI 366
Court

Court of First Instance
Case number

HCAL1088/2019

Leave refused because the Director and the Board made reasoned, lawful determinations: adverse credibility findings were justified on the evidence, alleged risk was localized and mitigable by state protection and internal relocation, the Board separately considered the child's circumstances and medical condition, and no arguable legal error, procedural unfairness or irrationality was shown to found judicial review.
19 Oct 2023

SAEED NADEEM v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

Citation

[2023] HKCFI 2721
Court

Court of First Instance
Case number

HCAL721/2017

Leave refused because the applicant failed to identify any reasonably arguable error of law, procedural unfairness or irrationality in the Director's or Board's decisions; their findings that risk was low, that the harm was localized and that internal relocation was reasonable were open to them on the evidence and judicial review is not a forum for rehearing such assessments.