Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Delay in claiming protection

Legal area

Court

20 Dec 2024

ANI WILLIAMS CHUKWUEBUKA v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE [Decision on Leave Application]

Citation

[2024] HKCFI 3632
Court

Court of First Instance
Case number

HCAL1105/2024

Leave refused because the Applicant failed to advance any proper, particularised grounds; the Board's detailed adverse credibility and factual findings were supported by reasons, were within the Board's fact‑finding province, involved no error of law or procedural unfairness, satisfied the enhanced Wednesbury standard, and the proposed judicial review had no realistic prospects of success.
29 Feb 2024

MD TONI v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

Citation

[2024] HKCFI 618
Court

Court of First Instance
Case number

HCAL810/2020

The leave application was dismissed because the applicant failed to particularize any arguable legal error or procedural unfairness; the Board conducted a proper evidential hearing, identified material inconsistencies and delay that undermined credibility, and reasonably concluded any risk was localized and could be obviated by state protection or internal relocation; therefore no reasonably arguable judicial review ground existed and the application had no prospect of success.