Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Persecution for political opinion

Legal area

Court

19 Aug 2025

ANOSIKE NNAMDI ANTHONY v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

Citation

[2025] HKCFI 3499
Court

Court of First Instance
Case number

HCAL1212/2025

The Court granted leave because the Applicant established a reasonably arguable case that the Board irrationally failed to accept evidence of personal targeting and failed to make adequate inquiry into relevant COI and state protection; given the seriousness of non‑refoulement issues an enhanced scrutiny was required and the Board's reasons gave rise to arguable errors of law or irrationality justifying judicial review.
11 Nov 1997

BUI VAN AO v. THE REFUGEE STATUS REVIEW BOARD

Citation

BUI VAN AO v. THE REFUGEE STATUS REVIEW BOARD
Court

Court of Appeal
Case number

CACV179/1997

The Court of Appeal held the trial judge erred by usurping the fact-finding role of the specialist Refugee Status Review Board and substituting his view for findings that were within the range of reasonable conclusions. The Board's characterisation of the events as an industrial dispute and its credibility assessments were not Wednesbury irrational; therefore the quashing of the Board's decision and the declaration that the applicant was a refugee were set aside.