Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Article 3 bora (inhuman or degrading treatment)
  • 9 Nov 2023

    DO VAN DONG 對 酷刑聲請上訴委員會/免遣返聲請呈請辦事處 [Decision on Leave Application]

    Citation
    [2023] HKCFI 2857
    Court
    Court of First Instance
    Case number
    HCAL1516/2023

    Permission to apply for judicial review was refused because the Appeal Board's adverse credibility findings and risk assessments were factually supported and lawfully reached; the applicant failed to identify any specific legal error, procedural unfairness or Wednesbury‑level unreasonableness in the decision, so there was no basis for judicial intervention.

    • Non‑refoulement
    • Torture risk (cat)
    • Article 3 bora (inhuman or degrading treatment)
    • Article 2 bora (right to life)
    • 1951 refugee convention - persecution
    • Credibility assessment