Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Procedural fairness (brown v dunn)

Legal area

Court

23 Dec 2025

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

Citation

[2025] HKCFI 6271
Court

Court of First Instance
Case number

HCAL194/2021

Leave to apply for judicial review was granted because the applicant raised reasonably arguable grounds that the Board's decision was tainted by procedural unfairness and legal error: the Board allegedly failed to put adverse findings to the applicant, made conclusions not grounded in evidence (including assuming the applicant would not engage in future lesbian activity), and failed adequately to consider COI and state protection/internal relocation, such that the decision met the arguable error threshold for leave.
3 Dec 2025

SIKDAR RATNA AND ANOTHER v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE [Decision on Leave Application]

Citation

[2025] HKCFI 5502
Court

Court of First Instance
Case number

HCAL221/2020

Leave to apply for judicial review was granted and time extended because it was reasonably arguable that the Board's decision was tainted by procedural unfairness (failure to warn the 1st applicant about adverse consequences of delay and to give opportunity to address perceived inconsistencies) and that the Board failed to assess the 2nd applicant's claim separately and with the highest standard of fairness; despite unexplained delay the court exercised discretion to extend time in the interests of fairness.