Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Bor 3 (prohibition of torture)

Legal area

Court

27 Apr 2022

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

Citation

[2022] HKCFI 1199
Court

Court of First Instance
Case number

HCAL441/2019

Leave refused because the court found no error of law, procedural unfairness or irrationality in the Board's decision: the Board lawfully relied on COI, made defensible findings of fact (incidents isolated, injuries limited, internal relocation viable) and its decision satisfied the enhanced Wednesbury test; the proposed judicial review was not reasonably arguable and had no realistic prospect of success.
23 Jun 2020

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

Citation

[2020] HKCFI 1331
Court

Court of First Instance
Case number

HCAL1575/2018

Leave to apply for judicial review was refused because the applicant failed to identify any reasonably arguable grounds of unlawfulness, unreasonableness or procedural unfairness; the Adjudicator's credibility and factual findings were open to him and his decisions on merits and on refusal to permit late filing were lawful and reasonable, yielding no realistic prospect of success for judicial review.