Hong Kong Case Law: Decisions & Judgments

Topic

Bor 2 risk assessment

Legal area

Court

16 Nov 2021

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

Citation

[2021] HKCFI 3365
Court

Court of First Instance
Case number

HCAL416/2020

The intended judicial review lacked reasonable prospects of success because the Director and the TCAB made defensible findings on credibility, absence of state complicity and availability of internal relocation; the applicant failed to explain delays in filing appeals and produced no new material or reliable evidence to show a real risk, therefore leave to apply for judicial review was refused.
20 Nov 2020

RE SELLAIAH MURUGESAN

Citation

[2020] HKCA 945
Court

Court of Appeal
Case number

CACV163/2019

Leave to appeal to the Court of Final Appeal is refused because the applicant failed to raise any reasonably arguable ground or a question of general or public importance, failed to comply with the unless order thereby abandoning the right to oral hearing, and the BOR 2 issues were considered on the record.
22 Feb 2019

RE BUTT WAQAS ARIF

Citation

[2019] HKCA 201
Court

Court of Appeal
Case number

CACV443/2018

The applicant failed to demonstrate any reasonably arguable grounds for judicial review: he did not provide additional evidence or reliable particulars for his BOR 2 claim when invited, his credibility was rightly rejected by the Judge and the Board, and there was no basis to find the process unfair. Consequently leave was rightly refused and the appeal dismissed.
12 Nov 2018

RE PREM BAHADUR ADAI

Citation

[2018] HKCA 778
Court

Court of Appeal
Case number

CACV134/2018

Leave to appeal was refused because the proposed grounds were either new and improperly raised for the first time on the leave application or were case‑specific and did not raise any question of great general or public importance required by s22(1)(b) Cap.484, and because the substantive complaints were unarguable on the merits.

Hong Kong Case Law

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

RE SELLAIAH MURUGESAN

RE BUTT WAQAS ARIF

RE PREM BAHADUR ADAI