Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Article 33 1951 refugee convention

Legal area

Court

31 Aug 2018

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

Citation

[2018] HKCFI 1545
Court

Court of First Instance
Case number

HCAL488/2017

The application was dismissed because it was out of time and the applicant failed to show any good reason to extend time; on the merits there was no realistic prospect of success as the Director and the Board gave lawful reasons, made permissible credibility findings, and did not err in concluding the risk was low and internal relocation and state protection were available.
8 Jun 2018

VILLA ERLINDA BALIDO v. TORTURE CLAIMS APPEAL BOARD AND ANOTHER [Decision on Leave Application]

Citation

[2018] HKCFI 1230
Court

Court of First Instance
Case number

HCAL922/2017

Leave was refused because the Director and the Board made findings based on the applicant's own evidence that threats dated from 2005 with no subsequent contact, and reasonably concluded that the risk on return was very low given available state protection and internal relocation; no legal error or procedural unfairness was shown and the leave application had no prospect of success.