Hong Kong Case Law: Decisions & Judgments

Topic

Persecution risk under refugee convention article 33

Legal area

Court

12 Apr 2024

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

Citation

[2024] HKCFI 937
Court

Court of First Instance
Case number

HCAL1455/2019

Leave refused because the applicant failed to identify any arguable error of law, procedural unfairness or irrationality in the Board's Decision; the Board's findings on risk, state protection and internal relocation were within its factual province and open on the evidence; the Director's Decision is not susceptible to judicial review once an appeal to the Board is pursued.
13 Jan 2023

PEREZ MARIA EXUPERIA v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

Citation

[2023] HKCFI 127
Court

Court of First Instance
Case number

HCAL631/2019

Leave refused because the Applicant failed to identify any reasonably arguable legal error, irrationality or procedural unfairness in the Director's or Board's decisions; the Board's adverse credibility findings and the availability of reasonable internal relocation were lawful and supported by evidence; judicial review is not a rehearing of the factual assessment of risk.
11 Oct 2022

RE RAI APSHARA

Citation

[2022] HKCA 1501
Court

Court of Appeal
Case number

CACV147/2022

The Judge did not commit any legal error nor breach procedural fairness in refusing leave; the applicant advanced no viable grounds of review and thus the appeal is dismissed.
5 Aug 2022

BILAL v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

Citation

[2022] HKCFI 2432
Court

Court of First Instance
Case number

HCAL113/2019

Leave to apply for judicial review was refused because the Applicant failed to identify any arguable error of law, irrationality or procedural unfairness in the Director’s or the Board’s decisions; the decisions lawfully relied on credibility findings, objective country information and the availability of police protection and internal relocation such that there were no substantial grounds for believing the Applicant faced torture or other serious harm on return to India.
7 Sept 2018

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

Citation

[2018] HKCFI 1821
Court

Court of First Instance
Case number

HCAL1101/2017

Leave was refused because the applicant failed to identify or advance any reasonably arguable grounds of unlawfulness, unreasonableness or unfairness; there was no error of law or procedure, the Director and Adjudicator applied correct legal principles, considered the evidence and reached decisions open on the facts (a private inter‑familial land dispute with limited risk indicators).

Hong Kong Case Law

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

PEREZ MARIA EXUPERIA v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

RE RAI APSHARA

BILAL v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

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