Hong Kong Case Law: Decisions & Judgments

Topic

Minor-specific claims

Legal area

Court

13 Nov 2025

RE SRI WAHYUNINGSIH AND OTHERS

Citation

[2025] HKCA 988
Court

Court of Appeal
Case number

CACV27/2025

The Court of Appeal allowed the appeal, set aside the judge’s refusal, and granted leave to apply for judicial review because the Board erred in law and committed procedural irregularity by dismissing the appeals for absence without assessing the merits and by failing to consider and determine the minors’ claims separately and adequately; the judge should have extended time and granted leave given a reasonably arguable case.
12 Sept 2025

RE COMPAY IRENE NAVARRO AND OTHERS

Citation

[2025] HKCA 822
Court

Court of Appeal
Case number

CACV419/2024

Applicants failed to identify any arguable grounds to overturn the Judge's refusal of leave; the Board had properly and separately considered the minors' claims with legally assisted representation and relevant COI, and there was no error of law, procedural unfairness or irrationality in the Board's decision; therefore leave was correctly refused and the appeal was dismissed.
29 May 2025

JON VIRGELITA SABIDO AND ANOTHER v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

Citation

[2025] HKCFI 2159
Court

Court of First Instance
Case number

HCAL899/2019

Leave was refused because the Applicants failed to identify any reasonably arguable legal error, irrationality or procedural unfairness in the Director's or Board's decisions, which reasonably assessed the risk as low, accepted availability of state protection and internal relocation, and properly considered the minor's circumstances, so there was no prospect of success on judicial review.
3 Jan 2025

DIAN LESTARI AND ANOTHER v. TORTURE CLAIMS APPEAL BOARD

Citation

[2025] HKCA 39
Court

Court of Appeal
Case number

CACV192/2024

The judge correctly refused leave for the 1st Applicant because the intended grounds were vague and lacked particulars and no error of law, procedural unfairness or irrationality was shown in the Board's decision which had reasonably found localized private risk, available state protection and viable internal relocation; however, the 2nd Applicant's appeal was allowed limited leave to pursue judicial review on the specific, arguable ground that her nationality and its implications were not considered by the Board.
17 Dec 2024

RE SALFITRI AND ANOTHER

Citation

[2024] HKCA 1166
Court

Court of Appeal
Case number

CACV211/2024

The appeal is dismissed because the applicants failed to identify any reasonably arguable legal error or procedural unfairness in the Judge’s refusal of leave; the Board’s factual findings that the evidence was vague, state protection and internal relocation reduced risk and that the minor’s claim was considered separately were within its primary province and not irrational; absence of legal representation for the minor was a mere irregularity in the circumstances.
24 Oct 2024

PHUNG THI SEN AND ANOTHER v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

Citation

[2024] HKCFI 2893
Court

Court of First Instance
Case number

HCAL471/2024

Time was extended and leave granted because the applicant (a minor) demonstrated a reasonably arguable challenge: the Board may have acted procedurally unfairly by dismissing the child's appeal without oral hearing or notice on credibility issues and by failing to consider the child's personal circumstances separately from his parents' rejected claims; given the child’s lack of representation and relevant authorities requiring child-specific consideration, the leave threshold was met despite the lengthy delay.
25 Jun 2024

MAHMOOD KHALID AND ANOTEHR v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

Citation

[2024] HKCFI 1661
Court

Court of First Instance
Case number

HCAL662/2022

Leave refused because applicants failed to identify any reasonably arguable legal error, irrationality or procedural unfairness in the Director's and Board's decisions; the Board's adverse credibility findings, assessment of low risk, and conclusion that internal relocation was available were properly reached and supported by the evidence, and the child's claim had been separately and adequately considered so there was no prospect of success.
11 Jun 2024

RE GERSANIBA IRHINE LEBAQUIN AND ANOTHER

Citation

[2024] HKCA 513
Court

Court of Appeal
Case number

CACV269/2023

The judge correctly refused leave because the applicants failed to identify any reasonably arguable legal error, procedural unfairness or irrationality in the Board's decision; the Board had adequately and separately considered the minor's claim; there was no basis for judicial review or overturning the Board’s factual credibility findings, so the appeal is dismissed.
21 Feb 2024

OKEKE STANLEY CHIGBOGU AND ANOTHER v. TORTURE CLAIMS APPEAL BOARD

Citation

[2024] HKCA 163
Court

Court of Appeal
Case number

CACV443/2021

Leave to apply for judicial review was properly refused because the applicants failed to identify any error of law, procedural unfairness or irrationality in the Board's decision; the Board's adverse credibility and factual findings were open to it; and there were no separate, reasonably arguable minor-specific grounds for the 2nd applicant.
15 Jan 2024

SRI-RAHAYU AND OTHERS v. TORTURE CLAIMS APPEAL BOARD

Citation

[2024] HKCA 65
Court

Court of Appeal
Case number

CACV112/2023

The appeals are dismissed because the applicants failed to demonstrate any legal error, procedural unfairness or irrationality in the Board's or Judge's decisions; the Board's factual finding of no real risk and availability of state protection was open to it on the evidence, the minors' claims were considered separately and lacked merit, and the absence of legal representation for minors was a mere irregularity not warranting overturning the refusal of leave.