Hong Kong Case Law: Decisions & Judgments

Topic

Begum three-stage approach

Legal area

Court

6 Aug 2024

VILLAROSA RHEA LIMBAGA v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE

Citation

[2024] HKCA 655
Court

Court of Appeal
Case number

CACV38/2024

The Court of Appeal allowed the appeal and granted leave to apply for judicial review of the Board's decision because the Board had not taken account of the merits of the intended appeal as required under section 37ZT(2)(b), making the intended judicial review reasonably arguable and demonstrating the Judge erred in refusing leave.
29 Apr 2024

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

Citation

[2024] HKCFI 1179
Court

Court of First Instance
Case number

HCAL84/2024

The application for extension of time and leave to apply for judicial review is refused because the delay (over ten months) is inordinate, the applicant's explanations are incredible and unsupported, and the Board lawfully and reasonably applied the Begum principles and statutory requirements in finding no good reason to allow late filing; there is no arguable error of law, procedural unfairness or irrationality to support leave.
27 Oct 2023

RE ASIF MUHAMMAD

Citation

[2023] HKCA 1189
Court

Court of Appeal
Case number

CAMP69/2022

Extension of time was refused because the Board followed statutory procedure and law in refusing late filing, the applicant failed to provide evidence or an adequate explanation for the delay, there were no new facts to support the BOR 2 claim and the intended appeal had no real prospect of success; accordingly there was no basis to extend time to appeal the judge's refusal of leave.

Hong Kong Case Law

VILLAROSA RHEA LIMBAGA v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE

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

RE ASIF MUHAMMAD