Hong Kong Case Law: Decisions & Judgments

Topic

Cidtp (bor article 3)

Legal area

Court

20 May 2026

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

Citation

[2026] HKCFI 2790
Court

Court of First Instance
Case number

HCAL1466/2025

Leave to apply for judicial review was refused because the applicant failed to demonstrate any realistic prospect of success: his grounds were bare assertions unsupported by evidence and did not show error of law, procedural unfairness or irrationality in the Board's findings that risks were remote, state protection and internal relocation were viable, and that the Board's decision was sustainable.
2 Dec 2025

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

Citation

[2025] HKCFI 5789
Court

Court of First Instance
Case number

HCAL1938/2020

Leave was refused because the applicant failed to demonstrate any realistic prospect of success: the Board provided valid reasons for dismissing the appeal, there was no shown error of law, procedural unfairness or irrationality, and fact-finding matters rest with the Board.
23 Sept 2025

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

Citation

[2025] HKCFI 4334
Court

Court of First Instance
Case number

HCAL2483/2024

Leave refused because the applicant failed to demonstrate a realistic prospect of success or any arguable error of law, procedural unfairness or irrationality in the Board's decision; absent legal error the court will not overturn the Board's factual findings.
14 Apr 2022

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

Citation

[2022] HKCFI 1058
Court

Court of First Instance
Case number

HCAL199/2019

Extension of time to apply for leave was refused and the application dismissed because the applicant filed over two years late, the Board gave adequate reasons and made fact findings immune from judicial intervention in absence of error of law, procedural unfairness or irrationality, and the applicant had no realistic prospect of success.
31 Dec 2021

NGUYEN THI KHANH HOA v. TORTURE CLAIMS APPEAL BOARD/NON-REFOULEMENT CLAIMS PETITION OFFICE [Decision on Leave Application]

Citation

[2021] HKCFI 3891
Court

Court of First Instance
Case number

HCAL1592/2021

Extension of time was refused and the application dismissed because the delay was significant and unjustified and the applicant had no realistic prospect of success; the Board's decision contained no error of law, procedural unfairness or Wednesbury irrationality and its findings on risk, state protection and internal relocation were open to the Board on the evidence.
25 May 2021

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

Citation

[2021] HKCFI 1429
Court

Court of First Instance
Case number

HCAL297/2021

Leave to apply for judicial review and an extension of time were refused because the application was filed late, the applicant failed to identify any arguable legal error or procedural unfairness in the Board's decision, the Board's findings that the claim was unsubstantiated and that state protection and internal relocation were available were within its fact-finding province and not Wednesbury unreasonable, and there was no reasonable prospect of success.
13 Jul 2020

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

Citation

[2020] HKCFI 1539
Court

Court of First Instance
Case number

HCAL1836/2018

Leave to apply for judicial review was refused because the applicant failed to demonstrate any arguable error of law or procedural unfairness by the Board, the Board's adverse findings on credibility and the factual merits stood, and the applicant had no reasonable prospect of success such that judicial review would be inappropriate.
15 Jan 2019

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

Citation

[2019] HKCFI 108
Court

Court of First Instance
Case number

HCAL736/2018

Leave to apply for judicial review was refused because the applicant failed to demonstrate exceptional circumstances to bypass the statutory appeal process to the Board and failed to establish arguable grounds of procedural unfairness or legal error: the Board properly assessed credibility and lawfully relied on Country of Origin Information and relevant materials.
7 Jun 2018

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

Citation

[2018] HKCFI 1119
Court

Court of First Instance
Case number

HCAL516/2017

The adjudicator's adverse credibility finding that the applicant was not a genuine or reliable claimant was dispositive; because the applicant failed to discharge the burden of proof on credibility grounds there was no real risk of torture, CIDTP, persecution or risk to life and no arguable legal error; accordingly leave to apply for judicial review was refused as having no realistic prospect of success.