8 Aug 2025
OROU NIKKI FOUSSENI v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE [Decision on Leave Application]
- Citation
- [2025] HKCFI 3441
- Court
- Court of First Instance
- Case number
- HCAL1038/2020
Despite an inordinate delay of approximately nine months, leave was granted and time extended because the Applicant demonstrated a realistically arguable and meritorious case: the Board accepted that the Applicant suffered severe ill-treatment but failed to analyze or give reasons regarding state acquiescence and availability of state protection and thus failed to adequately address whether BOR2/BOR3 or persecution grounds were engaged; those omissions rendered the Board's conclusions susceptible to review as legally erroneous or irrational.