Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Procedural fairness and irrationality

Legal area

Court

3 Nov 2025

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

Citation

[2025] HKCFI 4792
Court

Court of First Instance
Case number

HCAL888/2020

Leave was refused because the application was substantially out of time with no explanation or request for extension, the applicant failed to establish the statutory conditions for re-opening under s37ZG, there were no arguable public law errors in the Board's decision, and there was no good reason to extend time.
19 Mar 2024

ROY POPY RANI v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

Citation

[2024] HKCFI 805
Court

Court of First Instance
Case number

HCAL94/2024

Leave was 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 adverse credibility findings, the assessment that the risk was localized and low, and the availability of state protection and reasonable internal relocation were rational and lawful, so judicial review was not warranted.