Hong Kong Case Law: Decisions & Judgments

Topic

Child-specific issues

Legal area

Court

13 May 2026

HOANG NGUYEN PHUC DUONG AND ANOTHER v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE

Citation

[2026] HKCFI 2545
Court

Court of First Instance
Case number

HCAL865/2025

Extension of time refused because applicants failed to provide valid reasons for the more than six months' delay and their intended appeal lacked any realistic prospect of success; the Board properly discharged its duty in assessing internal relocation and child-specific issues did not apply as the applicants had become adults, therefore extension was not justified.
11 Mar 2026

KHUC THI MAI TRANG acting as guardian ad litem of HOANG BUI DUC HIEU SIMON v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE [Decision on Leave Application]

Citation

[2026] HKCFI 1204
Court

Court of First Instance
Case number

HCAL1298/2025

The court refused to extend time and dismissed the application for leave because the application was filed more than three years late with no good reason to extend, the proposed grounds lacked a realistic prospect of success given the Board's adverse credibility findings about the mother (on which the child's claim depended), and the Board had properly considered the relevant risks and possible state protection/internal relocation; procedural non-compliance was treated as a mere irregularity.
7 May 2024

CHORNELIA ISMAYASARI AND ANOTHER v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE [Decision on Leave Application]

Citation

[2024] HKCFI 1110
Court

Court of First Instance
Case number

HCAL1169/2019

Extension of time was refused and leave dismissed because the application was nearly one year out of time, there was no realistic prospect of success on judicial review given the Board's supported findings on low risk, available state protection and internal relocation, and the lack of legal representation constituted only a mere irregularity not a nullity.
3 Apr 2024

YUYUK YULIKA AND ANOTHER v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE [Decision on Leave Application]

Citation

[2024] HKCFI 748
Court

Court of First Instance
Case number

HCAL1229/2019

Leave to apply for judicial review was refused because the applicants failed to show any realistic prospect of success: the Board lawfully and reasonably concluded there was no basis for real risk (no threats, speculative fear, father likely unaware of child), state protection and internal relocation were available, and the Board had adequately considered child-specific issues; no procedural unfairness or material error of law was established.

Hong Kong Case Law

HOANG NGUYEN PHUC DUONG AND ANOTHER v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE

KHUC THI MAI TRANG acting as guardian ad litem of HOANG BUI DUC HIEU SIMON v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE [Decision on Leave Application]

CHORNELIA ISMAYASARI AND ANOTHER v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE [Decision on Leave Application]

YUYUK YULIKA AND ANOTHER v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE [Decision on Leave Application]