Hong Kong Case Law: Decisions & Judgments

Topic

Assessment of evidence and credibility

Legal area

Court

19 Mar 2026

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

Citation

[2026] HKCFI 1404
Court

Court of First Instance
Case number

HCAL375/2022

Leave was refused because the application was filed about two months out of time without any explanation and the proposed grounds were not reasonably arguable with realistic prospects of success given the Board's comprehensive decision which disclosed no error of law, procedural unfairness or irrationality; accordingly no extension of time was warranted.
20 May 2025

SUDHIR SINGH v. TORTURE CLAIMS APPEAL BOARD

Citation

[2025] HKCA 460
Court

Court of Appeal
Case number

CACV319/2024

The appeal is dismissed because the applicant identified no error of law or procedural unfairness in the judge's refusal of leave, filed no supporting submissions, and the judge correctly applied the applicable standard of review by deferring to the Board's factual assessments absent legal error.
10 Oct 2023

SHAKEEL AWAIS v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE

Citation

[2023] HKCA 1107
Court

Court of Appeal
Case number

CAMP287/2023

The Court refused the extension of time because the applicant failed to identify any legal or procedural error in the judge's refusal of leave, his intended appeal had no real prospect of success, and therefore extension would be futile; the judge properly exercised discretion to determine the leave application on paper.
29 Dec 2020

RE WAGIYAH

Citation

[2020] HKCA 1068
Court

Court of Appeal
Case number

CACV242/2020

The Court of Appeal affirmed the Judge's refusal of leave because the applicant's proposed grounds were unarguable: the Board lawfully and properly assessed credibility, COI and risk of harm within its province and its adverse factual and legal conclusions did not disclose error of law, procedural unfairness or irrationality; therefore there was no reasonable prospect of success for judicial review.
30 Jun 2020

KHAN KAMAL AHMED v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE [Decision on Leave Application]

Citation

[2020] HKCFI 1374
Court

Court of First Instance
Case number

HCAL1796/2018

Leave was refused because the applicant failed to demonstrate any arguable grounds of procedural unfairness or legal error; the Board's factual findings on credibility, severity of incidents, availability of state protection and internal relocation were matters for the primary decision‑makers and were not susceptible to judicial review absent a demonstrated duty to elicit or consider additional evidence, so the applicant lacked a reasonable prospect of success.
19 Dec 2019

RE YEASHMIN

Citation

[2019] HKCA 1430
Court

Court of Appeal
Case number

CACV147/2019

The Court refused leave because the applicant failed to demonstrate any question of great general or public importance under s22(1)(b) Cap 484, failed to satisfy the "or otherwise" limb, and failed to provide particulars or written submissions constituting valid grounds of appeal; accordingly leave to appeal to the Court of Final Appeal was denied.

Hong Kong Case Law

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

SUDHIR SINGH v. TORTURE CLAIMS APPEAL BOARD

SHAKEEL AWAIS v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE

RE WAGIYAH

KHAN KAMAL AHMED v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE [Decision on Leave Application]

RE YEASHMIN