Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Cruel, inhuman or degrading treatment (cidtp)

Legal area

Court

17 Jun 2020

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

Citation

[2020] HKCFI 1211
Court

Court of First Instance
Case number

HCAL1847/2018

Leave to apply for judicial review was refused because the applicant failed to demonstrate any arguable or reasonable prospect of success: the Board had lawfully evaluated and accepted the applicant's evidence but found it insufficient to establish serious risk, state involvement, or that state protection or internal relocation were unavailable; no procedural unfairness or legal error was shown that would warrant judicial review.
25 Apr 2018

ALCANTARA LOLITA SERRATO v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE [Decision on Leave Application]

Citation

[2018] HKCFI 887
Court

Court of First Instance
Case number

HCAL723/2017

Leave was refused because the Adjudicator and the Director had lawful bases for their findings, their decisions were not Wednesbury unreasonable, procedural fairness was observed (a documents-only determination was appropriate), there were no reasonably arguable grounds for judicial review, and the earlier Director decision was time-barred.