Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Credibility and fact findings

Legal area

Court

22 Apr 2026

NILASARI MERISTIKA AND ANOTHER v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE

Citation

[2026] HKCFI 1834
Court

Court of First Instance
Case number

HCAL1202/2020

The court refused extension of time because the delay (30 days) was unjustified, the applicants failed to show sufficient reasons and the intended appeal had no realistic prospect of success given that the Board’s factual findings that the non-refoulement claim was unsubstantiated had not been properly challenged; accordingly the joint application was dismissed.
15 Nov 2021

RE SADDAM HUSAIN

Citation

[2021] HKCA 1701
Court

Court of Appeal
Case number

CACV306/2021

Leave to apply for judicial review was correctly refused because the applicant failed to identify any arguable error of law or procedural unfairness in the Board’s decision, the Board’s findings were not Wednesbury unreasonable, and the applicant did not satisfy Ladd v Marshall to admit fresh evidence; there was no realistic prospect of success.