Hong Kong Case Law: Decisions & Judgments

Topic

Credibility and procedural fairness

Legal area

Court

7 Dec 2023

ANIK KUWITASARI v. DIRECTOR OF IMMIGRATION [Decision on Leave Application]

Citation

[2023] HKCFI 3159
Court

Court of First Instance
Case number

HCAL1803/2023

Leave granted because it was reasonably arguable that the Director and/or immigration officer failed to apply the proper legal test for a sexual-orientation based persecution inquiry and inadequately assessed relevant COI on state protection and internal relocation under section 37ZO, thereby meeting the threshold for leave to apply for judicial review.
26 Nov 2020

HUSSAIN MUSTANSAR v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

Citation

[2020] HKCFI 2577
Court

Court of First Instance
Case number

HCAL846/2018

Leave to apply for judicial review is refused because the applicant's grounds are not reasonably arguable: the Board and Director made lawful assessments including adverse credibility findings based on inconsistencies and the applicant's refusal to testify, and reasonably concluded low risk and availability of internal relocation; no legal error, procedural unfairness or irrationality identified to justify judicial review.
13 Mar 2019

MD IBRAHIM SHEIKH ALIAS MD IBRAHIM SHAKH v. THE ADJUDICATOR OF THE TORTURE CLAIMS APPEAL BOARD/NON-REFOULEMENT CLAIMS PETITION OFFICE AND ANOTHER [Decision on Leave Application]

Citation

[2019] HKCFI 587
Court

Court of First Instance
Case number

HCAL1589/2018

Leave for judicial review was refused because (1) the statutory scheme gives the Board primacy and accordingly the Director's decision is not vulnerable to judicial review once an appeal to the Board is pursued absent exceptional circumstances, and (2) the applicant failed to demonstrate any arguable ground or reasonable prospect of success on the Board's decision given his admissions, lack of supporting evidence and adverse credibility findings by the Adjudicator.
26 Sept 2018

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

Citation

[2018] HKCFI 2011
Court

Court of First Instance
Case number

HCAL326/2018

Leave was refused because the applicant advanced no reasonably arguable grounds of unlawful, unreasonable or unfair decision-making; the Director and Adjudicator conducted full inquiries, applied correct legal tests, made credibility findings supported by inconsistencies and absence of corroborating evidence, and their decisions were open on the facts and eminently reasonable, so there was no realistic prospect of success on judicial review.

Hong Kong Case Law

ANIK KUWITASARI v. DIRECTOR OF IMMIGRATION [Decision on Leave Application]

HUSSAIN MUSTANSAR v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

MD IBRAHIM SHEIKH ALIAS MD IBRAHIM SHAKH v. THE ADJUDICATOR OF THE TORTURE CLAIMS APPEAL BOARD/NON-REFOULEMENT CLAIMS PETITION OFFICE AND ANOTHER [Decision on Leave Application]

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