Hong Kong Case Law: Decisions & Judgments

Topic

Article 3 hkbor (torture and inhuman treatment)

Legal area

Court

2 Sept 2025

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

Citation

[2025] HKCFI 3774
Court

Court of First Instance
Case number

HCAL1524/2021

Leave to apply for judicial review was refused because the applicant failed to identify any reasonably arguable legal error, irrationality or procedural unfairness in the Director's or the Board's decisions; those decision-makers made sustainable credibility findings, reasonably assessed the low intensity of risk, and correctly concluded that state protection and internal relocation within Indonesia were available, so there was no basis for judicial intervention.
17 Jul 2025

KUMAR SAJAN v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

Citation

[2025] HKCFI 2814
Court

Court of First Instance
Case number

HCAL374/2021

The application for leave was dismissed because the applicant failed to identify any reasonably arguable error of law, irrationality or procedural unfairness in the Director's or Board's decisions; the Board's adverse credibility findings and conclusion that the risk was localized and that state protection and internal relocation were available were lawful and rational, leaving no prospect of success for judicial review.
15 Sept 2020

TRAN BINH LUAN v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

Citation

[2020] HKCFI 2278
Court

Court of First Instance
Case number

HCAL725/2018

Leave was refused because the applicant failed to identify any arguable legal error, procedural unfairness or irrationality in the Director's or the Board's decisions; the Board's adverse credibility findings were supported by the evidence, the risk was localized and internal relocation was reasonable, so there was no real prospect of success on judicial review.
16 Oct 2019

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

Citation

[2019] HKCFI 1051
Court

Court of First Instance
Case number

HCAL145/2018

Leave to apply for judicial review was refused because the applicant failed to identify any reasonably arguable legal error, irrationality or procedural unfairness in the Director's and Board's decisions; the Board's adverse credibility findings and conclusion that the risk was localized and internal relocation was available were open on the evidence and not susceptible to successful judicial review.
4 May 2018

ZAMAN MUHAMMAD v. TORTURE CLAIMS APPEAL BOARD AND ANOTHER [Decision on Leave Application]

Citation

[2018] HKCFI 948
Court

Court of First Instance
Case number

HCAL905/2017

Leave was refused because the applicant failed to show any arguable error of law or procedural unfairness by the Director or the Board: COI supported availability of state protection and internal relocation, the applicant had legal assistance in preparing his claim and declined to give evidence at the Board hearing, and the asserted procedural defects (no legal counsel at Board, no translation of NCF, Director's absence) did not amount to a breach of the high standard of fairness or a legal error; therefore no prospect of success existed.

Hong Kong Case Law

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

KUMAR SAJAN v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

TRAN BINH LUAN v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

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

ZAMAN MUHAMMAD v. TORTURE CLAIMS APPEAL BOARD AND ANOTHER [Decision on Leave Application]