Hong Kong Case Law: Decisions & Judgments

Topic

Delay in lodging claim

Legal area

Court

26 Nov 2025

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

Citation

[2025] HKCFI 5654
Court

Court of First Instance
Case number

HCAL1483/2020

The court concluded that the Board applied the law correctly, made permissible factual findings (including that the risk was speculative, injuries were minor, and state protection/internal relocation were available), and there was no error of law, procedural unfairness or irrationality; therefore the applicant's leave application was not reasonably arguable and must be dismissed.
21 Nov 2023

RAMANAYAKA KANKANAMALAGE CHITRANGANI RAMANAYAKA v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE

Citation

[2023] HKCA 1238
Court

Court of Appeal
Case number

CACV233/2023

Applicant failed to identify any viable ground demonstrating error of law, procedural unfairness or irrationality in the Judge's refusal of leave; the Board's adverse credibility findings were within its fact‑finding province and not open to successful judicial review, therefore the appeal is dismissed.
9 Mar 2021

SARBJEET SINGH v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE AND ANTOHER [Decision on Leave Application]

Citation

[2021] HKCFI 509
Court

Court of First Instance
Case number

HCAL596/2019

Leave to apply for judicial review refused because, on rigorous and anxious scrutiny, the Board's adverse credibility findings and conclusions on state protection and internal relocation were reasonable and did not involve errors of law, procedural unfairness or irrationality, so there was no prospect of success.
27 Jan 2021

RE OXINA JOAN PATRICIO

Citation

[2021] HKCA 107
Court

Court of Appeal
Case number

CACV301/2020

The appeal is dismissed because the applicant failed to advance viable, particularised grounds before the Deputy Judge; the grounds raised on appeal were new, general and unparticularised; after review there were no errors of law, procedural impropriety or irrationality in the Deputy Judge's or the Board's decisions, so leave was correctly refused.
17 Aug 2020

FERNANDEZ LONILYN MABASA v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

Citation

[2020] HKCFI 2003
Court

Court of First Instance
Case number

HCAL540/2018

Leave was refused because the applicant failed to identify any arguable legal error or procedural unfairness; the Board’s adverse credibility findings were supported by evidence, delay and contradictions and the Director’s findings that state protection and internal relocation made the risk low were rational and lawful.
30 Jan 2019

MOZAMMEL v. DIRECTOR OF IMMIGRATION AND ANOTHER [Decision on Leave Application]

Citation

[2019] HKCFI 206
Court

Court of First Instance
Case number

HCAL698/2018

Leave was refused because the Adjudicator's findings that the applicant was not in genuine fear were supported by the applicant's long unexplained delay and absence of evidence of state acquiescence; the Adjudicator properly considered state protection and internal relocation and made no error of law or procedural unfairness, so the decision was not Wednesbury unreasonable and the applicant's grounds were not reasonably arguable.
4 Oct 2018

RE BASHIR ARFAN

Citation

[2018] HKCA 659
Court

Court of Appeal
Case number

CACV45/2018

The application for leave was dismissed because the applicant failed to identify any question of law or public importance pursuant to s22(1)(b) Cap 484, and the issues raised were purely factual and therefore inappropriate grounds for leave.

Hong Kong Case Law

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

RAMANAYAKA KANKANAMALAGE CHITRANGANI RAMANAYAKA v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE

SARBJEET SINGH v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE AND ANTOHER [Decision on Leave Application]

RE OXINA JOAN PATRICIO

FERNANDEZ LONILYN MABASA v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

MOZAMMEL v. DIRECTOR OF IMMIGRATION AND ANOTHER [Decision on Leave Application]

RE BASHIR ARFAN