Hong Kong Case Law: Decisions & Judgments

Topic

Bor article 3 (prohibition of torture/cidtp)

Legal area

Court

16 Oct 2025

REHMAN ABDUL v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

Citation

[2025] HKCFI 4627
Court

Court of First Instance
Case number

HCAL1709/2025

Leave was refused because the applicant failed to demonstrate an arguable case of legal error or procedural unfairness; the Board's adverse credibility findings were supported by inconsistencies, contradictions and use of a false identity document, the delayed claim undermined credibility, and internal relocation was found viable, so there was no realistic prospect of success on judicial review.
27 Apr 2022

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

Citation

[2022] HKCFI 964
Court

Court of First Instance
Case number

HCAL419/2019

Leave to apply for judicial review was refused because the applicant failed to show any arguable error of law or procedural unfairness in the Board’s detailed findings; the Board lawfully concluded the claim failed all non-refoulement grounds (torture under s37U, BOR3, BOR2, and persecution under Article 33 RC) on the evidence, state protection and internal relocation were available, and there was no realistic prospect of success on judicial review.
7 Jul 2020

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

Citation

[2020] HKCFI 1367
Court

Court of First Instance
Case number

HCAL1779/2018

Leave was refused because the applicant failed to demonstrate any arguable error of law or procedural unfairness by the Board and had no reasonable prospect of success: the Director's and Board's findings that risk was low and that state protection and internal relocation were available were within their evaluative province and the applicant did not establish BOR 2 or BOR 3 risk.
13 Jun 2019

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

Citation

[2019] HKCFI 1537
Court

Court of First Instance
Case number

HCAL1573/2018

Leave to apply for judicial review was refused because the applicant failed to demonstrate exceptional circumstances to justify judicial review of the Director's decision after pursuing an appeal to the statutory Board, failed to establish necessary factual basis to show a real risk of proscribed harm, and had no reasonable prospect of success; deficiencies in representation or translation did not render the appeal unfair on the facts.
23 May 2019

HOSSAIN MOHAMMED NUR v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

Citation

[2019] HKCFI 1279
Court

Court of First Instance
Case number

HCAL1190/2018

Leave was refused because the applicant failed to demonstrate a reasonable prospect of success: the Board's adverse credibility findings were intact and dispositive, the applicant could not identify any specific procedural unfairness or outdated COI that undermined the decision, and prior legal representation at the Director stage meant absence of counsel at the appeal did not establish unfairness.
11 May 2018

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

Citation

[2018] HKCFI 917
Court

Court of First Instance
Case number

HCAL500/2017

Leave refused because the applicant's grounds were not reasonably arguable: the TCAB and Director lawfully and adequately considered all relevant legal grounds, applicant's evidence was found unreliable and inconsistent, procedural complaints did not establish unfairness or legal error, and the substantive decision met the applicable standard (not Wednesbury unreasonable).

Hong Kong Case Law

REHMAN ABDUL v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

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

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

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

HOSSAIN MOHAMMED NUR v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

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