Hong Kong Case Law: Decisions & Judgments

Topic

Bill of rights (article 2 and 3)

Legal area

Court

5 May 2026

SESLERT NONGYAO v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

Citation

[2026] HKCFI 2002
Court

Court of First Instance
Case number

HCAL603/2024

Leave was dismissed because the applicant filed her Form 86 some 2.5 months out of time with no explanation, failed to identify any arguable legal ground, and the Board and Director’s decisions showed no error of law, irrationality or procedural unfairness; adverse credibility findings were supportable on the evidence and reasonable internal relocation was available, so there was no prospect of success.
21 Aug 2025

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

Citation

[2025] HKCFI 3625
Court

Court of First Instance
Case number

HCAL678/2020

Leave was refused because the applicant failed to identify any reasonably arguable legal grounds; the TCAB/NRCPO's findings on credibility, COI, state protection and internal relocation were within its primary fact‑finding remit and were not shown to be legally flawed, procedurally unfair or irrational; alleged post‑hearing matters did not meet Ladd v Marshall and would not vitiate the decision (including any putative BOR2 error).
9 Apr 2024

YAHYA SANYANG v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

Citation

[2024] HKCFI 970
Court

Court of First Instance
Case number

HCAL180/2024

Extension of time refused and leave dismissed because the applicant's delay of almost eleven months was inordinate and unjustified, the asserted grounds were vague and not reasonably arguable, and there was no identifiable legal error or procedural unfairness in the Board's detailed adverse credibility findings and COI-based assessment that defeated the non-refoulement claim.
26 Aug 2022

DAMALEN AMELIA NELMIDA v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

Citation

[2022] HKCFI 2639
Court

Court of First Instance
Case number

HCAL566/2019

Leave refused because the applicant failed to identify any reasonably arguable error of law, procedural unfairness or irrationality; the Board’s adverse credibility findings were supported by detailed reasoning and the Director and Board reasonably assessed the risk as low and found viable internal relocation, so there was no prospect of success on judicial review.
21 Jan 2021

RE SALIM MOLLAH

Citation

[2021] HKCA 85
Court

Court of Appeal
Case number

CACV237/2020

The judge correctly refused leave because the applicant failed to identify any specific, reasonably arguable legal error, procedural unfairness or irrationality in the Director's or Board's decisions; the Board's finding of low/localized risk, availability of state protection and viability of internal relocation was not shown to be legally flawed, therefore there was no basis for judicial review and the appeal is dismissed.
28 Oct 2019

RE BACHITAR SINGH

Citation

[2019] HKCA 1212
Court

Court of Appeal
Case number

CAMP117/2019

Refusal of the extension: the applicant's delay was inadequately explained and the intended appeal had no prospect of success because no error of law or procedural unfairness was identified; therefore granting an extension would be futile.
2 Apr 2019

DHESSI IVINDER SINGH v. TORTURE CLAIMS APPEAL BOARD/ NON-REFOULEMENT CLAIMS PETITION OFFICE

Citation

[2019] HKCA 364
Court

Court of Appeal
Case number

CACV578/2018

The appeal is dismissed because the High Court judge did not err in law or procedure in refusing leave: the appellant failed to identify reasonably arguable grounds of judicial review, the TCAB’s adverse credibility and risk findings were open to it and eminently reasonable, and the late factual allegations were inadmissible under Ladd v Marshall.

Hong Kong Case Law

SESLERT NONGYAO v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

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

YAHYA SANYANG v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

DAMALEN AMELIA NELMIDA v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

RE SALIM MOLLAH

RE BACHITAR SINGH

DHESSI IVINDER SINGH v. TORTURE CLAIMS APPEAL BOARD/ NON-REFOULEMENT CLAIMS PETITION OFFICE