Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Exhaustion of statutory appeal

Legal area

Court

16 Dec 2025

NUR-ASIAH-BT-MURMIN-DARTIN v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

Citation

[2025] HKCFI 6192
Court

Court of First Instance
Case number

HCAL613/2021

Leave was refused because the applicant had not appealed to the Torture Claims Appeal Board under s37ZR(b) and had not undergone the required second-tier screening under the Unified Screening Mechanism, so there was no legal or procedural basis for judicial review at this stage.
17 Jun 2020

HUSSAIN BABAR v. TORTURE CLAIMS APPEAL BOARD/NON-REFOULEMENT CLAIMS PETITION OFFICE AND ANOTHER [Decision on Leave Application]

Citation

[2020] HKCFI 1212
Court

Court of First Instance
Case number

HCAL1008/2018

Leave to apply for judicial review was refused because the applicant had a statutory appeal to the Board which had been heard and decided, there were no exceptional circumstances to permit direct judicial review of the Director's decision, and the applicant had no reasonable prospect of success given the unsubstantiated, internally inconsistent evidence and his refusal to cooperate with the Adjudicator.