Hong Kong Case Law: Decisions & Judgments

Topic

Article 3 bor

Legal area

Court

13 Mar 2026

TARIQ MAHMMOD alias TARIQ MEHMOOD alias TARIQ MAHOOD v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE [Decision on Leave Application]

Citation

[2026] HKCFI 1507
Court

Court of First Instance
Case number

HCAL1394/2020

Leave to apply for judicial review was refused because the applicant failed to identify any reasonably arguable ground of public law error, the application was significantly out of time with no good reason to extend, and the Director/TCAB/NRCPO decisions were not shown to contain legal error, procedural unfairness or irrationality even under enhanced scrutiny.
24 Dec 2025

IFEANYI JOHN DIKEMENYI alias ADJEI JOHN v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE [Decision on Leave Application]

Citation

[2025] HKCFI 6162
Court

Court of First Instance
Case number

HCAL1389/2020

The application for leave was dismissed because (1) the applicant failed to identify any grounds of judicial review or make full and frank disclosure; (2) on anxious scrutiny the TCAB/NRCPO gave salient reasons and there were no reasonably arguable legal errors or procedural unfairness sufficient to vitiate its decision; and (3) the application was brought over 40 months out of time with no acceptable explanation, so there was no good reason to extend time.
6 Nov 2025

KHURAM SHAHZAD v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE

Citation

[2025] HKCA 964
Court

Court of Appeal
Case number

CACV255/2025

The judge properly refused leave because the applicant's grounds were unsupported by evidence and did not disclose a realistic prospect of success; the appellate court found no error in that assessment and dismissed the appeal.
9 Sept 2025

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

Citation

[2025] HKCFI 4103
Court

Court of First Instance
Case number

HCAL710/2020

The Board correctly applied the statutory test in s37ZT; the Applicant failed to establish special circumstances or explain the delays or challenge the DI's factual assessments, and the Form 86 was itself filed out of time without justification; accordingly there was no merit in granting extension or leave and the application must be dismissed.
5 Sept 2025

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

Citation

[2025] HKCFI 3779
Court

Court of First Instance
Case number

HCAL48/2020

Leave dismissed because the applicant's grounds were bare, vague and not reasonably arguable; the Director and the Board applied correct legal principles; credibility, low‑risk and internal relocation findings were lawful and supported by evidence; no procedural unfairness or legal error was identified; applicant had no prospect of success and had returned to India.
30 Jan 2024

RE SRI PUJIASTUTI

Citation

[2024] HKCA 116
Court

Court of Appeal
Case number

CACV469/2022

The appeal is dismissed because the Judge did not commit error of law, procedural unfairness or irrationality in refusing leave; the applicant's grounds were fact-sensitive and within the Board's province, and no viable legal ground was shown to reverse the Judge.
28 Apr 2023

RE HOANG KIM DUNG

Citation

[2023] HKCA 603
Court

Court of Appeal
Case number

CACV334/2022

The appeal is dismissed because the applicant failed to identify any error of law or any viable ground showing a real prospect of success; the Judge rightly refused leave given the Board's adverse credibility findings and absence of arguable legal error.
6 Feb 2023

BUDDADASAGE SUDESH JETHENDRA KUMARA v. TORTURE CLAIMS APPEAL BOARD / NON REFOULEMENT CLAIMS PETITON OFFICE

Citation

[2023] HKCA 117
Court

Court of Appeal
Case number

CACV520/2021

The Judge correctly refused leave because the applicant failed to advance any viable ground showing error of law, procedural unfairness or irrationality in the Board's decision; credibility and evidential assessments fall within the Board's province and are not re-opened on an appeal against refusal of leave.
6 Feb 2023

DOTE PURISIMA TAMAYO AND ANOTHER v. TORTURE CLAIMS APPEAL BOARD/NON-REFOULEMENT CLAIMS PETITION OFFICE

Citation

[2023] HKCA 118
Court

Court of Appeal
Case number

CACV181/2021

The Judge properly refused leave because the applicants advanced no viable ground demonstrating legal error, irrationality or procedural unfairness in the Board's decision; the Board's findings on credibility, availability of state protection and viability of internal relocation were not susceptible to judicial review; the minor's lack of legal representation was a mere irregularity given the fairness of the Board's process and absence of unadvanced child-specific grounds.
30 Jan 2023

TOP BAHADUR CHAND v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

Citation

[2023] HKCFI 275
Court

Court of First Instance
Case number

HCAL1883/2020

The leave application was dismissed because the applicant was almost nine months out of time without a good reason for the delay and the intended grounds lacked reasonable prospects of success: the Board and Director had considered COI and BOR 3, made factual findings that risk was localized and low, and reasonably relied on available state protection and internal relocation; no legal error, irrationality or procedural unfairness was identified to justify judicial review.