Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Bor2

  • 27 Aug 2025

    EMEZUO CHUKWUDI OZOEMENA v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE

    Citation
    [2025] HKCA 670
    Court
    Court of Appeal
    Case number
    CACV41/2025

    The court dismissed the appeal and upheld the judge's refusal of leave because the applicant failed to demonstrate any reasonably arguable public law error, procedural unfairness or irrationality in the Board's decisions; the Board's adverse credibility findings and conclusions on lack of real risk, availability of state protection and viability of internal relocation were open to the Board on the evidence; the proposed fresh article did not satisfy Ladd v Marshall and would not affect the outcome.

  • 8 Dec 2022

    RE ABAKWAM OBINNA alias KWESI REMIGIUS

    Citation
    [2022] HKCA 1835
    Court
    Court of Appeal
    Case number
    CACV308/2022

    Leave was refused and the appeal dismissed because the applicant failed to identify any reasonably arguable legal error, relied on bare factual assertions already decided by the Board (res judicata), his case did not engage BOR2 as it was a private monetary dispute, the Board's findings of low localized risk and availability of state protection/internal relocation were not shown to be irrational or legally flawed, and subsequent medical or family matters occurring after the Board's decision were irrelevant to the leave application.

  • 14 Aug 2018

    RE HUSSAIN SADAM

    Citation
    [2018] HKCA 483
    Court
    Court of Appeal
    Case number
    CACV120/2018

    The Court agreed with the Deputy High Court Judge that there was no error of law or procedural unfairness in the Director's or Board's decisions: the applicant had screening assistance from the Duty Lawyer Scheme, the Board lawfully decided the appeal on paper after proper consideration, state protection and internal relocation were reasonably available and the claim did not meet the thresholds for BOR2, BOR3, persecution or torture; therefore the intended judicial review had no reasonable prospect of success and leave was refused.