Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Asylum appeal

Legal area

Court

6 Jul 2020

AQUINO ESMINIA RAMENTO v. TORTURE CLAIMS APPEAL BOARD AND ANOTHER [Decision on Leave Application]

Citation

[2020] HKCFI 793
Court

Court of First Instance
Case number

HCAL402/2018

Leave to apply for judicial review was refused because the applicant failed to identify any arguable legal error, procedural unfairness or irrationality: the Board and Director gave adequate reasons, the factual risk assessment and conclusion that internal relocation was reasonable were open to them, and there is no absolute right to free legal representation at the Board stage.
7 Sept 2018

ISLAM MOHAMMAD TAJOL v. TORTURE CLAIMS APPEAL BOARD/ NON-REFOULEMENT CLAIMS PETITION OFFICE AND ANOTHER [Decision on Leave Application]

Citation

[2018] HKCFI 1983
Court

Court of First Instance
Case number

HCAL52/2018

Leave refused because the applicant's grounds were speculative or unarguable: he had representation at screening and interpreter at hearing, provided no particulars of mistranslation, failed to supply or seek to adduce additional BOR2 evidence or request further screening, and both the Director and Board lawfully and properly assessed credibility, COI and internal relocation; no error of law or procedural unfairness and no prospect of success on judicial review.