Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Hong kong bill of rights (article 2, article 3)

  • 7 Jan 2026

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

    Citation
    [2026] HKCFI 88
    Court
    Court of First Instance
    Case number
    HCAL33/2021

    The application for leave was dismissed because judicial review was not available against the DOI BOR2 decision due to failure to exhaust available remedies (no petition/appeal to TCAB), and even if treated as a challenge to the TCAB decision the applicant did not demonstrate any error of law, procedural unfairness or irrationality nor a reasonably arguable case, so leave was properly refused.

    • Non-refoulement
    • Torture risk
    • Hong kong bill of rights (article 2, article 3)
    • Judicial review
    • Exhaustion of remedies
    • Leave to apply

  • 27 Aug 2024

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

    Citation
    [2024] HKCFI 1996
    Court
    Court of First Instance
    Case number
    HCAL626/2021

    The application for extension of time was refused and the leave application dismissed because the delay was serious and unexplained, the Board's adverse credibility and implausibility findings were such that the applicant had no realistic prospect of success on judicial review, and no error of law or procedural unfairness was shown that would justify intervention.

    • Non-refoulement
    • Torture (part viic immigration ordinance)
    • Hong kong bill of rights (article 2, article 3)
    • Delay/extension of time
    • Credibility assessment
    • Internal relocation

  • 19 Jul 2019

    RE ALAM KHORSED

    Citation
    [2019] HKCA 797
    Court
    Court of Appeal
    Case number
    CACV119/2019

    After rigorous and anxious scrutiny the Court found no error of law, procedural unfairness or irrationality in the Board's assessment of risk or in the judge's refusal of leave; the applicant's complaints were either unparticularised or previously considered and did not provide a reasonably arguable basis to grant leave to apply for judicial review, therefore leave must be refused and the appeal dismissed.

    • Non-refoulement
    • Hong kong bill of rights (article 2, article 3)
    • Torture risk (immigration ordinance part viic)
    • Procedural fairness
    • Wednesbury unreasonableness
    • Leave to apply for judicial review