Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Judicial review standard (no rehearing)

  • 2 Oct 2025

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

    Citation
    [2025] HKCFI 4619
    Court
    Court of First Instance
    Case number
    HCAL2407/2020

    Leave was refused because the application was filed out of time without any explanation, the applicant had validly withdrawn his appeal thereby rendering the Board functus officio and the Director's decision finally determined, there were no reasonably arguable grounds of legal error, procedural unfairness or irrationality in the Director's or Board's decisions, and the applicant later confirmed it was safe for him to return, so there was no prospect of success.

    • Non-refoulement
    • Torture risk
    • Withdrawal of appeal / functus officio
    • Extension of time for judicial review
    • Judicial review standard (no rehearing)
    • Internal relocation / state protection

  • 5 Aug 2022

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

    Citation
    [2022] HKCFI 2432
    Court
    Court of First Instance
    Case number
    HCAL113/2019

    Leave to apply for judicial review was refused because the Applicant failed to identify any arguable error of law, irrationality or procedural unfairness in the Director’s or the Board’s decisions; the decisions lawfully relied on credibility findings, objective country information and the availability of police protection and internal relocation such that there were no substantial grounds for believing the Applicant faced torture or other serious harm on return to India.

    • Torture risk
    • Article 2 and 3 hkbor rights
    • Persecution risk under refugee convention article 33
    • Internal relocation
    • Credibility and evidence assessment
    • Procedural fairness