Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Article 2 hkboro / iccpr (right to life)

Legal area

Court

2 Jul 2020

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

Citation

[2020] HKCFI 1426
Court

Court of First Instance
Case number

HCAL1023/2017

Leave to apply for judicial review was refused because the applicant failed to identify any specific, reasonably arguable grounds of unlawfulness, unreasonableness or procedural unfairness; the TCAB had conducted a rehearing thereby insulating the Director's original decision from review; the Adjudicator properly applied the law, conducted a fair rehearing, made credibility findings supported by evidence and COI and there was no realistic prospect of success for judicial review.
19 Dec 2018

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

Citation

[2018] HKCFI 2754
Court

Court of First Instance
Case number

HCAL838/2017

Leave to apply for judicial review was refused because the applicants failed to particularise or establish any reasonably arguable ground of unlawfulness, unreasonableness or procedural unfairness by the Adjudicator; the Adjudicator lawfully and reasonably applied the correct legal tests to a simple family-matter factual matrix and his decision was open on the facts; moreover the Director's decision was not reviewable after the TCAB appeal process had been exhausted.