Hong Kong Case Law: Decisions & Judgments

Topic

Delay and credibility

Legal area

Court

27 Aug 2024

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

Citation

[2024] HKCFI 2066
Court

Court of First Instance
Case number

HCAL673/2024

Leave was refused because the applicant failed to show a realistic prospect of success: the Board's factual findings and credibility assessments were rational, country information supported availability of protection or exemption from conscription and internal relocation, and alleged procedural unfairness from lack of translation or legal representation was not established as a ground for judicial review.
17 Nov 2021

RE NGUYEN THI BINH

Citation

[2021] HKCFI 3375
Court

Court of First Instance
Case number

HCAL948/2018

The application for extension of time to appeal was refused because the short delay was not significant but the intended appeal had no reasonable prospect of success: the adjudicator lawfully rejected the applicant's evidence on credibility due to material inconsistencies, delay and circumstances undermining credibility, and there was no error of law or procedure warranting leave or extension.
17 Aug 2021

RE NUR ALI

Citation

[2021] HKCA 1091
Court

Court of Appeal
Case number

CACV61/2021

The judge correctly refused leave because the applicant failed to advance any arguable public law ground at the leave stage; the Board's findings on credibility, state protection and internal relocation were reasonable and not irrational or procedurally unfair; therefore there was no realistic prospect of success and leave was properly refused and the appeal dismissed.
4 Jan 2013

HKSAR v. WU CHI KEUNG

Citation

HKSAR v. WU CHI KEUNG
Court

Court of Appeal
Case number

CACC120/2000

Applicant failed to discharge the burden of proving the abandonment was a legal nullity because evidence showed he had received legal advice before signing, the Notice expressly abandoned all further proceedings and was translated to him, his account was chronologically inconsistent, and the more than ten year delay undermined credibility and suggested mere change of mind.
24 Aug 2011

HKSAR v. OOI LIM KHOON

Citation

HKSAR v. OOI LIM KHOON
Court

Court of Appeal
Case number

CACC147/2003

Applicant's explanation showed only a mistaken belief about prospects of success and familiarity with the law, not a lack of understanding of the nature or effect of the Notice of Abandonment; therefore the abandonment was not a nullity and the application to treat it as such must be dismissed.

Hong Kong Case Law

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

RE NGUYEN THI BINH

RE NUR ALI

HKSAR v. WU CHI KEUNG

HKSAR v. OOI LIM KHOON