Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Cruel, inhuman or degrading treatment (bora)

  • 24 Dec 2025

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

    Citation
    [2025] HKCFI 5640
    Court
    Court of First Instance
    Case number
    HCAL1506/2020

    Leave was refused because the Form 86 advanced no reasonably arguable grounds of public law challenge; on anxious scrutiny the TCAB/NRCPO had lawfully and rationally assessed credibility, risk and internal relocation within its primary fact‑finding province; procedural requirements were followed and no error of law, procedural unfairness or Wednesbury irrationality was shown such as to justify leave.

    • Non-refoulement
    • Torture
    • Right to life (bora)
    • Cruel, inhuman or degrading treatment (bora)
    • Persecution
    • Internal relocation

  • 15 Jul 2025

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

    Citation
    [2025] HKCFI 2934
    Court
    Court of First Instance
    Case number
    HCAL644/2020

    Leave to apply for judicial review was dismissed because the applicant failed to identify any reasonably arguable grounds with a realistic prospect of success, the TCAB/NRCPO had lawfully and adequately examined credibility and risk, and the two-tier system precluded direct review of the Director's decision absent exceptional circumstances.

    • Non-refoulement
    • Torture risk
    • Right to life (bora)
    • Cruel, inhuman or degrading treatment (bora)
    • Wednesbury irrationality
    • Two-tier system