Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Hkboro article 3 and article 2

Legal area

Court

19 May 2020

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

Citation

[2020] HKCFI 856
Court

Court of First Instance
Case number

HCAL931/2017

Leave to apply for judicial review was refused because the applicant failed to identify any reasonably arguable ground of unlawfulness, unreasonableness or procedural unfairness; the Adjudicator had applied the correct legal tests, engaged appropriately with the applicant, and reached a decision that was open on the facts and legally sound.
4 Dec 2018

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

Citation

[2018] HKCFI 2208
Court

Court of First Instance
Case number

HCAL958/2017

The applicant failed to demonstrate any reasonably arguable basis of unlawfulness, unreasonableness or procedural unfairness in the Adjudicator's rehearing; the Adjudicator's credibility findings and COI assessment were open to her on the facts and reasonable; where an appeal to the TCAB has been pursued and treated as a rehearing the Director's decision is not susceptible to judicial review; accordingly leave to apply for judicial review is refused.