Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Article 3 bora

Legal area

Court

30 Sept 2025

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

Citation

[2025] HKCFI 4161
Court

Court of First Instance
Case number

HCAL1286/2020

The application for leave to apply for judicial review is dismissed because the applicant failed to identify any reasonably arguable grounds of review, the TCAB/NRCPO decision withstands rigorous enhanced Wednesbury scrutiny (no procedural unfairness, error of law or irrationality as to credibility, risk, state protection or internal relocation), and the leave application was filed over two years out of time with no good reason to extend time; extension refused.
23 Apr 2021

KANDIAH MERCY MATILDA v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

Citation

[2021] HKCFI 1135
Court

Court of First Instance
Case number

HCAL1011/2018

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 determinations; both decision-makers properly evaluated credibility, localized risk, state protection and internal relocation and their decisions withstand rigorous examination and anxious scrutiny, and judicial review cannot be used to rehear the merits.