Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Hkbor art 3 (torture/cruel treatment)

Legal area

Court

24 Apr 2026

NGUYEN THANH HAI v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE [Decision on Leave Application]

Citation

[2026] HKCFI 2084
Court

Court of First Instance
Case number

HCAL261/2022

Leave to apply for judicial review was refused because the applicant failed to identify grounds or make full disclosure in Form 86, did not demonstrate any error of law, procedural unfairness or irrationality in the Board's detailed factual determinations, and the intended challenge was not reasonably arguable with realistic prospects of success.
21 Nov 2025

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

Citation

[2025] HKCFI 5495
Court

Court of First Instance
Case number

HCAL2192/2020

Leave to apply for judicial review was refused because the Board applied the correct legal tests, its adverse factual findings were sustainable and not vitiated by error of law, procedural unfairness or irrationality, the applicant lacked particularised and arguable grounds, and the applicant's inordinate delay (approximately 3 years 6 months) did not justify an extension of time.