Hong Kong Case Law: Decisions & Judgments

Topic

Claims by minors

Legal area

Court

7 Feb 2025

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

Citation

[2025] HKCFI 525
Court

Court of First Instance
Case number

HCAL230/2022

The Board correctly applied the law, made permissible factual findings on credibility and risk, identified and considered the issues for each applicant including the minor, and there was no arguable error of law, procedural unfairness or irrationality; accordingly the leave application lacked realistic prospects and is dismissed, and the court granted leave to withdraw and dismissed the consolidated applications.
14 Mar 2023

ANNY TETI AND ANOTHER v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE

Citation

[2023] HKCA 299
Court

Court of Appeal
Case number

CACV268/2022

Appeal dismissed because the applicants failed to identify any viable ground to show the Judge erred in refusing leave; the Board had adequately considered the claims (including the minor's), its findings were not Wednesbury-unreasonable or affected by procedural unfairness, and there was no realistic prospect of success for judicial review.
15 Dec 2022

RINAWATI AND ANOTHER v. TORTURE CLAIMS APPEAL BOARD/ NON-REFOULMENT CLAIMS PETITION OFFICE

Citation

[2022] HKCA 1817
Court

Court of Appeal
Case number

CAMP119/2022

Extension of time to appeal was refused because the applicants failed to explain the delay, the intended appeal had no realistic prospect of success given the Board's reasoned credibility findings and absence of any shown error of law or procedural unfairness, and the minor raised no distinct viable issue; accordingly there was no basis to exercise the discretion to extend time.
27 May 2022

RE LISNAWATI AND ANOTHER

Citation

[2022] HKCA 744
Court

Court of Appeal
Case number

CACV446/2021

The decisive reasoning is that the risk assessment properly took into account available state protection and internal relocation in Indonesia which lowered or negated the applicants' perceived risk, combined with adverse credibility findings by the tribunal/Board that undermined the applicants' claims.
8 Nov 2021

ERNAWATI SUGITO AND OTHERS v. TORTURE CLAIMS APPEAL BOARD / NON REFOULEMENT CLAIMS PETITON OFFICE [Decision on Leave Application]

Citation

[2021] HKCFI 3321
Court

Court of First Instance
Case number

HCAL1893/2020

The application for extension of time and leave was refused because the short delay was unjustified and, crucially, the intended judicial review was not reasonably arguable on its merits given the TCAB's detailed adverse credibility findings, the absence of evidence of state complicity, and the availability of state protection and internal relocation; the minors' claims were separately considered by TCAB and contained no arguable errors or new material warranting review.

Hong Kong Case Law

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

ANNY TETI AND ANOTHER v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE

RINAWATI AND ANOTHER v. TORTURE CLAIMS APPEAL BOARD/ NON-REFOULMENT CLAIMS PETITION OFFICE

RE LISNAWATI AND ANOTHER

ERNAWATI SUGITO AND OTHERS v. TORTURE CLAIMS APPEAL BOARD / NON REFOULEMENT CLAIMS PETITON OFFICE [Decision on Leave Application]