Hong Kong Case Law: Decisions & Judgments

Topic

Error of law

Legal area

Court

20 May 2026

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

Citation

[2026] HKCFI 2536
Court

Court of First Instance
Case number

HCAL1104/2022

Leave to apply for judicial review was dismissed because the applicant failed to identify any error of law, procedural unfairness or irrationality in the Board's decision; the Board had applied the correct legal tests, considered evidence and Country of Origin information and provided adequate reasons, so there was no reasonably arguable ground with a realistic prospect of success.
7 May 2026

KHAN IMRAN v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE

Citation

[2026] HKCA 830
Court

Court of Appeal
Case number

CACV870/2025

The appeal is dismissed because the applicant failed to identify any viable grounds of error of law, procedural unfairness or irrationality in the Board's decision; bare, unsubstantiated assertions do not suffice to overturn the judge's refusal of leave to apply for judicial review.
7 May 2026

VU THI LAM v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE

Citation

[2026] HKCA 841
Court

Court of Appeal
Case number

CACV886/2025

The appeal is dismissed because the applicant failed to identify or substantiate any viable ground to reverse the judge's refusal of leave; the allegations were bare and without particulars and no error of law, procedural unfairness or irrationality was shown in the judge's decision.
15 Apr 2026

KHALID MEHMOOD v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE

Citation

[2026] HKCA 535
Court

Court of Appeal
Case number

CACV840/2025

The appeal is dismissed because the Applicant failed to identify or substantiate any error in the judge's refusal to grant leave; the grounds advanced were bare allegations without particulars and did not constitute viable grounds of appeal entitling relief by judicial review.
17 Mar 2026

AKTHAR MST POPY v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE

Citation

[2026] HKCA 346
Court

Court of Appeal
Case number

CACV860/2025

The appeal is dismissed because the applicant failed to identify any error of law, procedural unfairness or irrationality in the judge's refusal of leave; the matters advanced were mere assertions lacking particulars and substance, providing no basis to interfere with the judge's decision.
17 Mar 2026

MOHAMMAD JAHIR AHMED v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE [Decision on Leave Application]

Citation

[2026] HKCFI 1343
Court

Court of First Instance
Case number

HCAL434/2021

The leave application was dismissed because the applicant materially changed his case from the one before the Board, failed to adduce independent reliable evidence to support new grounds (religious targeting or ILP impediment), and there was no arguable error of law, procedural unfairness or irrationality in the Board's decision which found no genuine and substantial risk of ill-treatment; therefore judicial review leave was not warranted.
17 Mar 2026

ALI USMAN v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE

Citation

[2026] HKCA 278
Court

Court of Appeal
Case number

CACV1245/2025

The appeal is dismissed because the applicant advanced no viable ground to overturn the judge's refusal of leave; there was no demonstrated error of law, procedural unfairness or irrationality in the Board's decision, and the applicant had an opportunity to be heard.
13 Mar 2026

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

Citation

[2026] HKCFI 1198
Court

Court of First Instance
Case number

HCAL659/2021

The TCAB committed a material error of law by refusing late filing without properly considering the merits and special circumstances; because that error was fundamental the court exercised its discretion to extend time despite gross delay, granted leave to apply for judicial review of the TCAB decision dated 5 July 2019 and remitted the matter to the TCAB for reconsideration, with directions for the applicant to issue the originating summons within 14 days.
23 Feb 2026

PRADO MOISES ESTONILO v. TORTURE CLAIMS APPEAL BOARD

Citation

[2026] HKCA 160
Court

Court of Appeal
Case number

CACV684/2025

The applicant failed to advance any viable ground to overturn the Judge's refusal of leave; there was no demonstrated error of law, procedural unfairness or irrationality in the Board's decision, and the belated Human Rights Report would not alter the outcome; appeal dismissed.
20 Feb 2026

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

Citation

[2026] HKCFI 628
Court

Court of First Instance
Case number

HCAL2478/2020

The application for leave was dismissed because the TCAB had considered the evidence, applied the correct legal principles, made findings that the applicant's allegations were insufficient and that state protection/internal relocation were available, and there was no reasonably arguable case of error of law, procedural unfairness or irrationality to justify granting leave.