Hong Kong Case Law: Decisions & Judgments

Topic

Prohibition of torture

Legal area

Court

6 May 2026

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

Citation

[2026] HKCFI 1718
Court

Court of First Instance
Case number

HCAL1456/2025

Leave to apply for judicial review was refused because the applicant raised no valid grounds and failed to show a realistic prospect of success; the Board's adverse credibility findings and conclusion that internal relocation was viable were matters for the Board and did not disclose error of law, procedural unfairness or irrationality.
19 Nov 2025

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

Citation

[2025] HKCFI 5332
Court

Court of First Instance
Case number

HCAL1108/2025

The applicant failed to demonstrate any arguable error of law, procedural unfairness or irrationality in the Board's Decision and therefore did not show a realistic prospect of success for judicial review; leave is refused and the application dismissed.
19 Nov 2025

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

Citation

[2025] HKCFI 5337
Court

Court of First Instance
Case number

HCAL1120/2025

Leave was refused because the applicant failed to raise any valid ground showing a realistic prospect of success; the Board's assessment of credibility, state protection and internal relocation fell within its fact-finding province and disclosed no error of law, procedural unfairness or irrationality warranting judicial review.
27 Dec 2024

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

Citation

[2024] HKCFI 3673
Court

Court of First Instance
Case number

HCAL2442/2020

Leave to apply for judicial review was refused because the Form 86 was filed out of time without an extension or explanation, and on merits the Board's and Director's findings (credibility, low severity of harm, availability of state protection and viable internal relocation) disclosed no error of law, procedural unfairness or irrationality and the proposed judicial review was not reasonably arguable with realistic prospects of success.
20 Nov 2023

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

Citation

[2023] HKCFI 3015
Court

Court of First Instance
Case number

HCAL1118/2020

Leave to apply for judicial review was dismissed because the applicant failed to identify any reasonably arguable error of law, irrationality or procedural unfairness in the Director's and Board's decisions; the Board and Director had a defensible evidential basis and COI indicated low risk with available state protection and feasible internal relocation, so judicial review was not warranted.
17 Aug 2023

B K YAM BAHADUR v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE [Decision on Leave Application]

Citation

[2023] HKCFI 1985
Court

Court of First Instance
Case number

HCAL1207/2019

Leave to apply for judicial review was refused because the applicant demonstrated no realistic prospect of success: the Board made adverse credibility findings and concluded there were no substantial grounds for real risk of harm, state protection and internal relocation findings were reasonable, and no error of law or procedural unfairness was shown.
5 Jul 2023

PASCUA MICHELLE ENRIQUEZ AND ANOTHER v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

Citation

[2023] HKCFI 1734
Court

Court of First Instance
Case number

HCAL435/2021

Leave was dismissed because the Applicants failed to identify any reasonably arguable legal error, procedural unfairness or irrationality in the Director's and Board's findings that the risk was low, that state protection and internal relocation were available, and because judicial review is not a rehearing of the factual risk assessment and the Applicants provided no particularised grounds in their leave application.
30 Jun 2023

DAO THI BICH LIEN alias DAO THI DUNG v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE [Decision on Leave Application]

Citation

[2023] HKCFI 1695
Court

Court of First Instance
Case number

HCAL986/2019

Leave was refused because the Board's adverse credibility findings and conclusions that the risk was low, state protection was available and internal relocation was viable were not shown to involve any error of law, procedural unfairness or irrationality; the applicant had no realistic prospect of success on judicial review.
16 May 2023

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

Citation

[2023] HKCFI 1267
Court

Court of First Instance
Case number

HCAL839/2019

Leave refused because the applicant failed to demonstrate any error of law, procedural unfairness or Wednesbury-unreasonable findings by the Board; the Board's adverse factual findings were supported by the record and there was no realistic prospect of success on judicial review.
13 Jan 2023

BILAL v. TORTURE CLAIMS APPEAL BOARD AND ANOTHER

Citation

[2023] HKCA 24
Court

Court of Appeal
Case number

CACV344/2022

The Court dismissed the appeal because the judge correctly applied the law and did not err: interpreter services had been provided, the applicant had representation at Director stage, the Board's credibility findings and conclusions on availability of state protection and internal relocation were reasonable, and no procedural unfairness or error of law was demonstrated so there was no prospect of success in a judicial review.