Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Persecution and torture risk

Legal area

Court

27 Feb 2026

TRUONG NGOC LINH v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE

Citation

[2026] HKCA 292
Court

Court of Appeal
Case number

CACV437/2024

The appeal was dismissed because the applicant failed to identify any error in the judge's decision refusing extension of time and dismissing the leave application; she did not demonstrate a realistic prospect of success and sought to introduce new grounds not before the court below, while the Board's factual findings on low risk, availability of state protection and internal relocation were reasonable and unchallenged by error of law.
5 Jul 2023

KOMALA DEWI BT TARNIPAN SAMIRI v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE

Citation

[2023] HKCA 804
Court

Court of Appeal
Case number

CACV92/2023

The judge correctly refused leave because the applicant failed to show any realistic prospect of success: the Board's adverse credibility and risk findings were supported by reasons, there was no error of law or procedural unfairness (an interpreter was provided and the applicant had prior legal representation), and the Court should not re-open factual determinations absent legal error or procedural defect.