Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Cidtp (article 3 bora)

Legal area

Court

11 Apr 2018

GURUNG DHAN MAYA v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE [Decision on Leave Application]

Citation

[2018] HKCFI 709
Court

Court of First Instance
Case number

HCAL427/2017

Extension of time and leave were refused because the applicant provided no adequate explanation for the delay, the substantive claim lacked a realistic prospect of success on all relevant grounds (torture, CIDTP, persecution, right to life), and the adjudicator lawfully and fairly disposed of the appeal on the papers; the conduct complained of did not reach the required severity for protection and the decision was not Wednesbury unreasonable.
9 Mar 2018

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

Citation

[2018] HKCFI 450
Court

Court of First Instance
Case number

HCAL364/2017

Leave refused because the TCAB adjudicator conducted a full rehearing, applied the correct legal tests, gave cogent reasons for adverse credibility findings supported by inconsistencies in the applicant's evidence, and correctly concluded that state protection and internal relocation in India would negate non-refoulement; there was no error of law or procedural unfairness and no realistic prospect of success for judicial review.