Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Failure to consider evidence

Legal area

Court

28 May 2025

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

Citation

[2025] HKCFI 2149
Court

Court of First Instance
Case number

HCAL286/2020

Leave was granted because the application was reasonably arguable: although the Board's adverse credibility findings are generally not to be interfered with, there was an arguable basis that the Board failed to consider material evidence (the applicant's injury/disability) and failed to properly assess COI/state protection, rendering the Board's decision arguably unreasonable and tainted by procedural unfairness, thus meeting the threshold for leave.
30 Jan 2002

KARCHOUD, LEILA BENT MOHAMED v. THE INCORPORATED TRUSTEES OF THE ISLAMIC COMMUNITY FUND OF HONG KONG

Citation

KARCHOUD, LEILA BENT MOHAMED v. THE INCORPORATED TRUSTEES OF THE ISLAMIC COMMUNITY FUND OF HONG KONG
Court

Court of First Instance
Case number

HCLA61/2001

Leave to appeal granted only in respect of the dismissal claim because there was an arguable error of law: the Presiding Officer failed to take into account the claimant's evidence on dismissal; leave was refused for the unpaid wages claim because it involved factual determinations properly within the Tribunal's remit and not susceptible to appeal under the statutory standard.