Hong Kong Case Law: Decisions & Judgments

Topic

Bor article 3 (prohibition of cidtp)

Legal area

Court

1 Apr 2026

VU XUAN MAT v. DIRECTOR OF IMMIGRATION [Decision on Leave Application]

Citation

[2026] HKCFI 1523
Court

Court of First Instance
Case number

HCAL945/2021

Leave to apply for judicial review was dismissed because the applicant admitted relying on the same facts and grounds as his previous claim and failed to show a significant change of circumstances under s37ZO; the Director lawfully found the subsequent claim did not have a realistic prospect of success and the decision was not Wednesbury unreasonable or procedurally unfair.
23 Oct 2025

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

Citation

[2025] HKCFI 4811
Court

Court of First Instance
Case number

HCAL1254/2020

Leave was refused because the applicant failed to demonstrate any realistic prospect of success: the Board's findings that the claim was unsubstantiated, that credibility was rejected, and that state protection and internal relocation were available were within the Board's fact‑finding province and did not disclose error of law, irrationality or procedural unfairness warranting judicial review.
18 Apr 2023

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

Citation

[2023] HKCFI 985
Court

Court of First Instance
Case number

HCAL808/2019

Leave was refused because the Board’s decision contained no error of law, no procedural unfairness and was not irrational or Wednesbury unreasonable; the Board reasonably rejected the applicant’s evidence on credibility, found state protection and internal relocation available, and the applicant therefore had no realistic prospect of success on judicial review.
19 Sept 2019

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

Citation

[2019] HKCFI 2232
Court

Court of First Instance
Case number

HCAL1827/2018

Leave to apply for judicial review was refused because the applicant failed to demonstrate a reasonable prospect of success: the Board's adverse credibility findings were entitled to be made on the evidence, the applicant's admission of owning seven properties undermined the asserted risk and capacity to avoid the alleged harm, and the asserted procedural complaints were either inconsistent with the applicant's statements to the Court or insufficient to show unfairness.
16 Sept 2019

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

Citation

[2019] HKCFI 2214
Court

Court of First Instance
Case number

HCAL1747/2018

Leave to apply for judicial review was refused because the Board was entitled to accept some parts of the applicant's account and reject others, the applicant lacked a factual foundation for his claims, the alleged procedural and legal errors were either inconsistent with his own statements or insufficiently particularised, and he failed to demonstrate a reasonable prospect of success.
15 Dec 2017

SUCHA SINGH v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE AND ANOTHER

Citation

SUCHA SINGH v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE AND ANOTHER
Court

Court of First Instance
Case number

HCAL452/2017

Leave refused because applicant failed to demonstrate any arguable error of law or procedural unfairness by the adjudicator; duty lawyer refusal did not amount to miscarriage of justice; translation/language issues caused no prejudice; adjudicator's substantive findings on torture, BOR2, BOR3 and persecution were legally sound and not Wednesbury unreasonable, so there was no realistic prospect of success.

Hong Kong Case Law

VU XUAN MAT v. DIRECTOR OF IMMIGRATION [Decision on Leave Application]

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

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

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

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

SUCHA SINGH v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE AND ANOTHER