Hong Kong Case Law: Decisions & Judgments

Topic

Cidtp (bor 3)

Legal area

Court

3 Mar 2026

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

Citation

[2026] HKCFI 1167
Court

Court of First Instance
Case number

HCAL63/2024

Applicant failed to demonstrate any realistic prospect of success on grounds of error of law, procedural unfairness or irrationality; the Board lawfully found the matter to be a private family dispute with no state involvement, available state protection, and no evidence of persecution or significant risk of torture or death, and there is no absolute right to free legal representation before the Board; accordingly leave to apply for judicial review is refused.
23 Oct 2025

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

Citation

[2025] HKCFI 4810
Court

Court of First Instance
Case number

HCAL1253/2020

Leave refused because the applicant failed to identify any arguable legal ground; the Board's findings were supported by the evidence, including that the claim was speculative, constituted a private dispute, there was no evidence of persecution or lack of state protection, and internal relocation was viable, so there was no realistic prospect of success on judicial review.
18 Sept 2025

SHABBIR ALI MOHAMMAD v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE [Decision on Leave Application]

Citation

[2025] HKCFI 4266
Court

Court of First Instance
Case number

HCAL1216/2020

The application for extension of time was refused and leave dismissed because the applicant filed more than five years late without adequate justification and had no realistic prospect of success: the Board's adverse credibility and fact findings were within its primary fact‑finding role and disclosed no error of law or procedural unfairness, and the Director's second decision could not be judicially reviewed where it had not been appealed to the Board (abuse of the administrative structure).
30 May 2024

PUN MANISH BAHADUR v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE [Decision on Leave Application]

Citation

[2024] HKCFI 1341
Court

Court of First Instance
Case number

HCAL1454/2019

Leave refused because the applicant failed to demonstrate any realistic prospect of success: the Board properly refused the extension of time after finding the Director's Decision was timely served to the last known address and the applicant's explanation was not credible; the Board had already considered the merits and no public law error was shown.
27 Apr 2022

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

Citation

[2022] HKCFI 981
Court

Court of First Instance
Case number

HCAL422/2019

Leave to apply for judicial review refused because the Board's credibility findings and risk assessments were supported by evidence, involved no error of law or procedural unfairness, were not irrational or Wednesbury-unreasonable, and the applicant had no realistic prospect of success.
17 Jun 2020

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

Citation

[2020] HKCFI 1207
Court

Court of First Instance
Case number

HCAL1848/2018

Leave was refused because the applicant failed to show any arguable or reasonable prospect of success: the Board's adverse credibility findings and conclusion that the claim was unsubstantiated, with state protection and internal relocation available, involved no legal error and were within the Board's evaluative remit.

Hong Kong Case Law

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

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

SHABBIR ALI MOHAMMAD v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE [Decision on Leave Application]

PUN MANISH BAHADUR v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE [Decision on Leave Application]

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

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