Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Late filing of appeal/petition

Legal area

Court

14 Jan 2026

GANBOLD, GANZORIG v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

Citation

[2026] HKCFI 273
Court

Court of First Instance
Case number

HCAL2658/2025

The Board lawfully exercised its discretion to refuse late filing: it considered the applicant's stated reasons and evidence, found inconsistencies and absence of documentary proof of circumstances beyond the applicant's control, and applied the correct legal test under the amended s37ZT(2); no error of law, procedural unfairness or irrationality was shown and the leave application was not reasonably arguable, so leave was refused.
9 Sept 2025

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

Citation

[2025] HKCFI 4103
Court

Court of First Instance
Case number

HCAL710/2020

The Board correctly applied the statutory test in s37ZT; the Applicant failed to establish special circumstances or explain the delays or challenge the DI's factual assessments, and the Form 86 was itself filed out of time without justification; accordingly there was no merit in granting extension or leave and the application must be dismissed.