Hong Kong Case Law: Decisions & Judgments

Topic

Procedural fairness and language assistance

Legal area

Court

26 Aug 2021

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

Citation

[2021] HKCFI 2514
Court

Court of First Instance
Case number

HCAL179/2019

Leave was refused because the intended judicial review was not reasonably arguable: the TCAB's adverse credibility findings were supported by the evidence and there was no error of law or procedure in the Director's or TCAB's assessment of risk, country information, state protection or internal relocation.
13 Jun 2019

RE MAGAR SURENDRA

Citation

[2019] HKCA 667
Court

Court of Appeal
Case number

CACV70/2019

The Court dismissed the appeal because the judge correctly concluded the application for leave had no reasonable prospect of success: the Board had conducted a full rehearing with an interpreter, rejected the applicant's account on credibility grounds and made adverse factual findings which the applicant did not challenge as amounting to an error of law or procedural unfairness; any lack of pre‑hearing translation did not render the Board's rehearing or the judge's refusal of leave legally flawed.
6 Mar 2019

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

Citation

[2019] HKCFI 532
Court

Court of First Instance
Case number

HCAL710/2018

The application for leave was dismissed because it was brought six months out of time beyond the statutory three-month period without any good reason to extend time: the Board's decision had been sent to the applicant's reported address, the applicant's asserted non-receipt was unsupported and attributable to his failure to reside at the reported address; furthermore the Adjudicator's credibility findings and decisions were not Wednesbury unreasonable and there was no procedural unfairness, so no arguable merit justified extension or leave.

Hong Kong Case Law

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

RE MAGAR SURENDRA

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