Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Persecution risk (article 33 refugee convention)

Legal area

Court

18 Oct 2024

MORARENG DINAH ANANGA alias GUINANOY DINAH MORARENG v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE

Citation

[2024] HKCA 928
Court

Court of Appeal
Case number

CACV168/2024

Leave to apply for judicial review was correctly refused because the applicant advanced no arguable grounds of error of law, procedural unfairness or irrationality; the Board's adverse credibility findings and consequent factual conclusions on absence of real risk and viability of internal relocation were within the Board's province and not susceptible to judicial review, so the proposed judicial review had no realistic prospect of success.
27 Nov 2018

AMANDEEP v. DIRECTOR OF IMMIGRATION AND ANOTHER

Citation

[2018] HKCA 905
Court

Court of Appeal
Case number

CACV186/2018

The applicant's grounds were not reasonably arguable and there was no realistic prospect of success; the Director and the Board had considered the facts, applied the law correctly, conducted adequate COI research and afforded procedural fairness; no Wednesbury unreasonable error of law or procedure was shown; per Re Moshsin Ali the Director's decisions are not susceptible to judicial review after an appeal to the Board; accordingly leave to apply for judicial review was properly refused and the appeal is dismissed.