Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Burden of proof in protection claims

Legal area

Court

27 Jun 2025

MAMOZAI HAZRAT WALI v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE [Decision on Leave Application]

Citation

[2025] HKCFI 2692
Court

Court of First Instance
Case number

HCAL440/2020

The Board applied the correct legal tests, made permissible credibility findings based on inconsistencies central to the claim, and there was no error of law or procedural unfairness; therefore the leave application was not reasonably arguable and was dismissed (with the court granting leave to withdraw).
24 May 2023

RE PANDEY SUNIL KUMAR

Citation

[2023] HKCA 678
Court

Court of Appeal
Case number

CACV373/2022

The Court dismissed the appeal and affirmed the Deputy Judge's refusal of leave because the applicant failed to identify any arguable error of law, procedural unfairness or irrationality in the Board's decision; the Board's adverse credibility findings and factual assessments were within its remit and satisfied the applicable legal standards (including the enhanced Wednesbury test), so there was no realistic prospect of success on judicial review.