Hong Kong Case Law: Decisions & Judgments

Topic

Assessment of risk

Legal area

Court

15 May 2026

RANA MD RASEDUI ISLAM v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE

Citation

[2026] HKCA 922
Court

Court of Appeal
Case number

CACV656/2025

The appeal was dismissed because the applicant provided only an unparticularised assertion that his claim was real, failed to identify any error in the judge's refusal of leave, and therefore advanced no viable ground to overturn the order; under established authority the Court will not intervene absent error of law, procedural unfairness or irrationality.
15 May 2026

HASAN ANAMUL HOQUE v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE

Citation

[2026] HKCA 764
Court

Court of Appeal
Case number

CACV201/2026

The appeal was dismissed because the Applicant failed to identify any viable ground showing the Judge erred in refusing leave; the allegations were general and lacked particulars and there was no demonstrable error of law, procedural unfairness or irrationality in the Board's or Judge's decisions, and the Court will not reweigh the merits of the Board's assessment.
15 May 2026

SADAQAT MUHAMMAD v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE

Citation

[2026] HKCA 878
Court

Court of Appeal
Case number

CACV785/2025

The appeal is dismissed because the applicant failed to identify any viable ground to challenge the Judge's refusal of leave; the allegations were general and lacked particulars, and absent error of law or procedural unfairness the court will not disturb the Board or the Judge's decision.
15 May 2026

ALI SARAFAT v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE

Citation

[2026] HKCA 881
Court

Court of Appeal
Case number

CACV878/2025

The appeal was dismissed because the applicant failed to advance any viable, substantiated ground to reverse the Deputy High Court Judge's refusal of leave; there was no error of law, procedural unfairness or irrationality in the Board's decision.
7 May 2026

RINA ANI ROSIDAH v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE

Citation

[2026] HKCA 845
Court

Court of Appeal
Case number

CACV389/2025

Appeal dismissed because the applicant failed to identify or substantiate any error in the judge's refusal to grant leave, advanced only bare allegations without particulars, failed to lodge required written submissions, and raised no viable ground to reverse the order.
30 Apr 2026

KHATUN MST REHANA v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE

Citation

[2026] HKCA 777
Court

Court of Appeal
Case number

CACV329/2025

The judge correctly refused leave because there was no demonstrable error of law, procedural unfairness or irrationality in the Board's decision and the appellant advanced no viable grounds to overturn that refusal; accordingly the appeal is dismissed.
30 Apr 2026

RIAZ KHURRAM v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE

Citation

[2026] HKCA 739
Court

Court of Appeal
Case number

CACV702/2025

The appeal is dismissed because the applicant failed to identify any error in the judge's refusal to grant leave and raised no viable ground; the Court will not substitute its view for the Board's factual assessments absent legal error, procedural unfairness or irrationality.
30 Apr 2026

ANOWAR HOSSAIN v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE

Citation

[2026] HKCA 776
Court

Court of Appeal
Case number

CACV320/2025

The appeal was dismissed because the applicant failed to advance any viable grounds to show that the Judge erred; the Judge correctly found no error of law, procedural unfairness or irrationality in the Board's decision, and the Court of Appeal will not re‑examine the merits of the Board's decision on appeal from a refusal of leave.
30 Apr 2026

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

Citation

[2026] HKCFI 1914
Court

Court of First Instance
Case number

HCAL704/2022

Leave was dismissed because the applicant failed to identify any legal error, procedural unfairness or irrationality in the Board's decision and did not advance a reasonably arguable case; the Board had assessed evidence, noted material inconsistencies and reasonably concluded there was no real risk of ill-treatment on return.
15 Apr 2026

AFGHAN SALIM KHAN v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE

Citation

[2026] HKCA 577
Court

Court of Appeal
Case number

CACV565/2025

The appeal is dismissed because the applicant failed to identify any error of law, procedural unfairness or irrationality in the Judge's refusal of leave; bare, unparticularised assertions and complaints about lack of legal or language assistance do not constitute viable grounds to overturn the refusal of leave.