Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Cidtp (bor/iccpr article 3)

Legal area

Court

8 Aug 2018

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

Citation

[2018] HKCFI 1745
Court

Court of First Instance
Case number

HCAL757/2017

Leave to apply for judicial review was refused because the adjudicator applied correct legal principles, conducted a fair rehearing, and lawfully rejected the applicant's claims on credibility and evidential grounds; no procedural unfairness was demonstrated and the decision was not Wednesbury unreasonable, so the applicant had no realistic prospect of success.
9 Mar 2018

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

Citation

[2018] HKCFI 451
Court

Court of First Instance
Case number

HCAL484/2017

The adjudicator made defensible credibility findings and analysed evidence against the legal tests for torture, CIDTP and persecution; there was no error of law or procedural unfairness and no realistic prospect of success on judicial review, therefore leave to apply for judicial review is refused.