Hong Kong Case Law: Decisions & Judgments

Topic

Hkbor article 3 (torture/ill-treatment)

Legal area

Court

19 Nov 2025

NGUYEN TIEN DUNG v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

Citation

[2025] HKCFI 5588
Court

Court of First Instance
Case number

HCAL304/2021

Leave to apply for judicial review was dismissed because the application was filed five months out of time with no good reason to extend, the applicant failed to identify any arguable legal error, irrationality or procedural unfairness in the Director's or Board's decisions, the risk of harm was assessed as low and localized with available state protection and reasonable internal relocation, and the applicant subsequently confirmed it was safe to return.
22 May 2023

TAMANG AMAR v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

Citation

[2023] HKCFI 1352
Court

Court of First Instance
Case number

HCAL176/2023

Leave was refused because the applicant failed to identify any reasonably arguable legal error, irrationality or procedural unfairness in the Director's or Board's decisions; the Board's and Director's assessments that the risk was localized, that state protection and internal relocation were available, and that there was no specific targeting were within the range of reasonable conclusions and not susceptible to judicial intervention on review.
30 Jun 2020

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

Citation

[2020] HKCFI 1273
Court

Court of First Instance
Case number

HCAL509/2018

Leave was refused because the applicant failed to identify any arguable legal error or procedural unfairness in the Director's or the Board's decisions; both bodies reasonably found the risk to be localized involving extortion/harassment, that state protection and reasonable internal relocation in India were available, and therefore there were no substantial grounds for believing the applicant faced a real and substantial risk that would attract non‑refoulement protection.
25 Sept 2019

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

Citation

[2019] HKCFI 2286
Court

Court of First Instance
Case number

HCAL1033/2018

No arguable legal error, procedural unfairness or irrationality was demonstrated: applicant had legal representation before the Director and Board and interpreter at appeal hearings; COI and state protection/internal relocation were considered and found to reduce risk to a level that does not attract non‑refoulement protection; therefore no real prospect of success on judicial review and leave is refused.

Hong Kong Case Law

NGUYEN TIEN DUNG v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

TAMANG AMAR v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

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

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