Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Deference to tribunal fact-finding
  • 16 Apr 2026

    BOTEROS ESTRELIETA ABONG v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE

    Citation
    [2026] HKCA 657
    Court
    Court of Appeal
    Case number
    CACV604/2025

    The appeal is dismissed because the applicant failed to identify any viable ground to reverse the Judge’s refusal of leave; absent demonstrated error of law, procedural unfairness or irrationality the Court will not substitute its own assessment for the Board, and the applicant waived oral hearing by failing to comply with directions.

    • Non-refoulement
    • Refusal of leave to apply for judicial review
    • Procedural fairness
    • Standard of review
    • Deference to tribunal fact-finding