Hong Kong Case Law: Decisions & Judgments

Topic

Article 2 hkbor - right to life

Legal area

Court

10 Dec 2025

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

Citation

[2025] HKCFI 5808
Court

Court of First Instance
Case number

HCAL1150/2025

Leave was refused because the Board, after an oral hearing, made permissible credibility and factual findings accepting some allegations and rejecting others; there was no demonstrated error of law, procedural unfairness or irrationality and the applicant did not show a realistic prospect of success for judicial review.
8 Apr 2025

RUMA LEMURA SIBAL v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE

Citation

[2025] HKCFI 1084
Court

Court of First Instance
Case number

HCAL120/2025

Leave was refused because the applicant failed to demonstrate any realistic prospect of success: the Board’s findings that there was no real and substantial risk, that the matter was a private dispute without state involvement, and that state protection and internal relocation were viable were within the Board’s fact‑finding remit and were not shown to involve error of law, procedural unfairness or irrationality.
14 Jun 2023

MUJIBUR RAHMAN v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

Citation

[2023] HKCFI 1569
Court

Court of First Instance
Case number

HCAL402/2020

Leave was dismissed because the applicant failed to identify any arguably sustainable legal error, procedural unfairness or irrationality in the Director’s and Board’s decisions; both bodies applied relevant law and COI, reasonably concluded the risk was localized with no evidence of specific targeting or state complicity, and that internal relocation and state protection were realistic options, such that there was no prospect of success on judicial review.
22 Feb 2021

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

Citation

[2021] HKCFI 437
Court

Court of First Instance
Case number

HCAL833/2019

Leave to apply for judicial review was dismissed because the applicant failed to identify any reasonably arguable legal error, irrationality or procedural unfairness in the Director's or Board's decisions, failed to advance additional facts to sustain a BOR 2 claim, and the primary decision-makers reasonably concluded the risk was low with available state protection and internal relocation.

Hong Kong Case Law

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

RUMA LEMURA SIBAL v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE

MUJIBUR RAHMAN v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

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