Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Bor article 2 and article 3

  • 17 Mar 2026

    NGO THI THU v. DIRECTOR OF IMMIGRATION [Decision on Leave Application]

    Citation
    [2026] HKCFI 1480
    Court
    Court of First Instance
    Case number
    HCAL154/2026

    Leave was refused because the applicant relied on the same reasons as in previously finally determined proceedings so she failed to establish the significant change of circumstances required by s37ZO and therefore had no realistic prospect of success; an RPO was justified because the applicant’s conduct showed a likelihood of relitigating the same non-refoulement claim and thus abusing the court’s process.

    • Non-refoulement
    • Subsequent claim (section 37zo)
    • Restricted proceedings order
    • Abuse of process
    • Judicial review leave
    • Torture risk

  • 25 Mar 2025

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

    Citation
    [2025] HKCFI 1199
    Court
    Court of First Instance
    Case number
    HCAL2508/2024

    Leave to apply for judicial review was refused because the applicant failed to identify any arguable error of law, procedural unfairness or irrationality in the Board’s decision; the Board’s findings that the threats were unlikely to result in serious harm and that internal relocation was viable were reasonable findings of fact within the Board’s province and the proposed review had no realistic prospects of success.

    • Judicial review
    • Leave to apply for judicial review
    • Torture risk (immigration ordinance part viic)
    • Bor article 2 and article 3
    • Refugees convention article 33
    • Internal relocation