Hong Kong Case Law: Decisions & Judgments

Topic

Procedural fairness (right to oral hearing)

Legal area

Court

2 Dec 2021

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

Citation

[2021] HKCFI 3629
Court

Court of First Instance
Case number

HCAL104/2019

Applicant’s leave application was out of time with an inordinate delay and no good reason was shown; the intended grounds lacked reasonable prospects of success because the Director and Board rationally found no real risk of serious harm given availability of state protection and reasonable internal relocation; no legal error or procedural unfairness justified intervention; accordingly extension of time refused and leave dismissed.
12 May 2021

SYED RASHID ASLAM v. TORTURE CLAIMS APPEAL BOARD AND ANOTHER [Decision on Leave Application]

Citation

[2021] HKCFI 1348
Court

Court of First Instance
Case number

HCAL571/2018

Leave was refused because the Applicant failed to establish any reasonably arguable ground of legal error or procedural unfairness: the Director and the Board applied correct legal principles, the absence of an oral hearing did not render the process unfair given prior opportunities to present evidence, the BOR 2 claim lacked arguable merit on the evidence and COI, and judicial review is not a substitute for merits determination by the Director/Board.
22 Sept 2020

SANDHU AMANDEEP SINGH v. TORTURE CLAIMS APPEAL BOARD AND ANOTHER [Decision on Leave Application]

Citation

[2020] HKCFI 2372
Court

Court of First Instance
Case number

HCAL647/2018

The leave application was refused because the Board’s decision to decide the appeal on the papers did not amount to procedural unfairness or legal error: the applicant had previously had an opportunity to present his case at the screening interview, the Board accepted his credibility and the factual matrix, the risk was found localized with available state protection and reasonable internal relocation, and the applicant failed to demonstrate that an oral hearing would have produced any real benefit or prejudice, so there was no arguable ground for judicial review.

Hong Kong Case Law

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

SYED RASHID ASLAM v. TORTURE CLAIMS APPEAL BOARD AND ANOTHER [Decision on Leave Application]

SANDHU AMANDEEP SINGH v. TORTURE CLAIMS APPEAL BOARD AND ANOTHER [Decision on Leave Application]