Hong Kong Case Law: Decisions & Judgments

Topic

Hkbor article 3 (prohibition of torture/inhuman treatment)

Legal area

Court

19 Nov 2021

TALWINDER SINGH v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

Citation

[2021] HKCFI 3467
Court

Court of First Instance
Case number

HCAL1445/2021

Leave to apply for judicial review was refused because the Director and the Board reasonably found the applicant's claim concerned a private family land dispute with low intensity of past ill-treatment, available state/police protection and practicable internal relocation in India; the applicant failed to identify any arguable legal error, irrationality or procedural unfairness to give rise to a realistic prospect of success on judicial review.
9 Jul 2020

AMANDIP SINGH v. ADJUDICATOR OF TORTURE CLAIMS APPEAL BOARD AND ANOTHER [Decision on Leave Application]

Citation

[2020] HKCFI 1434
Court

Court of First Instance
Case number

HCAL461/2018

Leave refused because the applicant failed to identify any reasonably arguable legal error, procedural unfairness or irrationality in the Director's or the Board's decisions; the factual findings that the risk was localized and internal relocation was reasonable were open to them and judicial review cannot be used to rehear those assessments.
7 Jul 2020

ARNETOLI ALESSIO v. DIRECTOR OF IMMIGRATION, HKSAR [Decision on Leave Application]

Citation

[2020] HKCFI 1304
Court

Court of First Instance
Case number

HCAL512/2018

Leave was refused because the applicant failed to identify any arguable legal error, procedural unfairness or irrationality in the Director's and Board's decisions; the adverse credibility findings were supported by immigration records and evidence, the assessed risk was localized and low, state protection and reasonable internal relocation in Italy were available, and judicial review is not a vehicle to re-hear the factual evaluation of primary decision-makers.
2 Jun 2020

RAHMAN MOJIBUR v. FRASER SYME, ESQ., TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

Citation

[2020] HKCFI 453
Court

Court of First Instance
Case number

HCAL1281/2018

Leave was refused because the Applicant failed to identify any reasonably arguable legal error, procedural unfairness or irrationality with sufficient particularity; the Board's adverse credibility findings and risk assessment fell squarely within the primary decision-maker's role and were supported by reasoned analysis and COI, and the Applicant's grounds were broad, vague and unparticularised and therefore not reasonably arguable.

Hong Kong Case Law

TALWINDER SINGH v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

AMANDIP SINGH v. ADJUDICATOR OF TORTURE CLAIMS APPEAL BOARD AND ANOTHER [Decision on Leave Application]

ARNETOLI ALESSIO v. DIRECTOR OF IMMIGRATION, HKSAR [Decision on Leave Application]

RAHMAN MOJIBUR v. FRASER SYME, ESQ., TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]