Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Bor article 3 (prohibition of torture/ill-treatment)

  • 30 May 2025

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

    Citation
    [2025] HKCFI 2282
    Court
    Court of First Instance
    Case number
    HCAL123/2025

    Leave to apply for judicial review was refused because the applicant’s grounds were bare assertions lacking particulars or supporting evidence, the Board had considered the applicant’s personal evidence and COI, made reasoned credibility findings within its province, and there was no error of law, procedural unfairness or irrationality; thus the proposed judicial review was not reasonably arguable and had no realistic prospects of success.

    • Non-refoulement
    • Torture
    • Bor article 2 (right to life)
    • Bor article 3 (prohibition of torture/ill-treatment)
    • Wednesbury unreasonableness
    • Credibility findings

  • 30 Apr 2021

    RUNA RAHIMA AKTER v. TORTURE CLAIMS APPEAL BOARD

    Citation
    [2021] HKCFI 1185
    Court
    Court of First Instance
    Case number
    HCAL1232/2018

    Leave to apply for judicial review is refused because the Applicant failed to identify any reasonably arguable legal error, irrationality or procedural unfairness in the Director's or the Board's decisions; the Board and Director lawfully found low risk, available state protection and reasonable internal relocation, and BOR 2 was not engaged, so the application had no prospect of success.

    • Non-refoulement
    • Torture risk
    • Bor article 2 (right to life)
    • Bor article 3 (prohibition of torture/ill-treatment)
    • Internal relocation
    • Judicial review leave threshold