Hong Kong Case Law: Decisions & Judgments

Topic

Hkbor article 3 (torture/inhuman treatment)

Legal area

Court

24 Apr 2026

ERIA ERNAWATI BT SAPARI v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE [Decision on Leave Application]

Citation

[2026] HKCFI 2139
Court

Court of First Instance
Case number

HCAL1031/2023

Leave to apply for judicial review was refused because the applicant failed to particularise any arguable grounds in Form 86 or the supporting affirmation, did not demonstrate any public law error in the Board's reasoning, and the Board's factual findings on credibility and availability of police protection were not susceptible to judicial intervention; the application was therefore not reasonably arguable and was dismissed.
24 Apr 2026

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

Citation

[2026] HKCFI 2185
Court

Court of First Instance
Case number

HCAL685/2024

Leave was refused because the applicant failed to identify any arguable public law grounds of error, failed to show that the Board's factual findings involved error of law, procedural unfairness or irrationality, and the application was brought late without explanation; therefore the intended challenge was not reasonably arguable and leave was dismissed.
28 May 2024

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

Citation

[2024] HKCFI 1423
Court

Court of First Instance
Case number

HCAL973/2023

Leave was refused because the Director and the Board rationally assessed the claim: risk of harm was low, internal relocation in Indonesia was reasonable, applicant’s credibility was undermined by delay, and no error of law, irrationality or procedural unfairness was shown; consequently there was no reasonably arguable basis for judicial review.
23 May 2024

PUNJA PUN ANJU v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

Citation

[2024] HKCFI 1371
Court

Court of First Instance
Case number

HCAL880/2019

Leave to apply for judicial review was refused because the applicant failed to show any reasonably arguable error of law, procedural unfairness or irrationality in the Director's or Board's decisions: the Board had heard the applicant, there was no absolute entitlement to representation at the Board stage, the complaint about lack of translation was not raised at hearing and in any event would not have assisted, and the risk was localized with available state protection and internal relocation, so the BOR 2 ground was not engaged and there was no prospect of success.
14 Nov 2023

SULEMAN MUHAMMAD v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

Citation

[2023] HKCFI 2924
Court

Court of First Instance
Case number

HCAL337/2019

Refusal to extend time: the applicant's delay of over 14 months was substantial and unjustified by detention circumstances; the proposed grounds were vague, lacked particulars and were not reasonably arguable; the Board's adverse credibility findings and assessment of state protection and internal relocation were not vitiated by legal error or procedural unfairness; therefore no prospect of success and no good reason to extend time, so leave was refused and application dismissed.
21 Jun 2019

ASHRAFUL ALOM v. THE ADJUDICATOR OF THE NON-REFOULEMENT CLAIMS PETITION OFFICE APPOINTED TO DETERMINE THE APPLICANT’S PETITION AND ANOTHER [Decision on Leave Application]

Citation

[2019] HKCFI 450
Court

Court of First Instance
Case number

HCAL422/2018

Leave refused because the applicant's grounds were unparticularised and not reasonably arguable; the Director and Board made lawful evaluations of risk based on evidence and COI, finding low risk, availability of state protection and feasible internal relocation; no legal error, procedural unfairness or irrationality was identified to justify judicial review.

Hong Kong Case Law

ERIA ERNAWATI BT SAPARI v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE [Decision on Leave Application]

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

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

PUNJA PUN ANJU v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

SULEMAN MUHAMMAD v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

ASHRAFUL ALOM v. THE ADJUDICATOR OF THE NON-REFOULEMENT CLAIMS PETITION OFFICE APPOINTED TO DETERMINE THE APPLICANT’S PETITION AND ANOTHER [Decision on Leave Application]