Hong Kong Case Law: Decisions & Judgments

Topic

Prohibition of torture (article 3 hkbor)

Legal area

Court

11 Nov 2025

AKHTAR HAMID ALI v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

Citation

[2025] HKCFI 5404
Court

Court of First Instance
Case number

HCAL2063/2020

Leave to apply for judicial review was refused because the Applicant’s asserted grounds were not reasonably arguable: the Board had accepted the factual basis of the claim, made lawful assessments that the risk was localized with available state protection and internal relocation, the Applicant had been represented at screening, and allegations of bias and denial of assistance were unparticularised and unsupported; no legal error, procedural unfairness or irrationality was shown.
22 May 2025

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

Citation

[2025] HKCFI 2184
Court

Court of First Instance
Case number

HCAL39/2020

Leave to apply for judicial review was dismissed because the applicant failed to particularise or substantiate any reasonably arguable legal errors; the Board's detailed credibility findings and assessment that the risk was private, localized and susceptible to state protection or internal relocation were not shown to be legally erroneous, procedurally unfair or irrational; judicial review is not a forum for re‑hearing the merits absent clear legal error; consequently there was no prospect of success.
17 Dec 2024

PURWATI BT DARMIN WAGIO v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

Citation

[2024] HKCFI 3551
Court

Court of First Instance
Case number

HCAL1778/2024

No reasonably arguable ground was identified: the Director and the Board made lawful, rational and procedurally fair evaluations that the risk to the applicant was low, threats were not shown to be real, state protection and internal relocation were available, and therefore the criteria for leave to apply for judicial review were not met; leave is refused.
21 Jun 2019

VACA MINGYAO v. THE ADJUDICATOR OF THE NON-REFOULEMENT CLAIMS PETITION OFFICE APPOINTED TO DETERMINE THE APPLICANT’S PETITION AND ANOTHER [Decision on Leave Application]

Citation

[2019] HKCFI 412
Court

Court of First Instance
Case number

HCAL481/2018

Leave to apply for judicial review was refused because the applicant advanced only broad, vague grounds without particulars or supporting evidence; the Director and the Board conducted careful, evidence-based assessments (the Board having heard the applicant) and identified low risk and reasonable internal relocation; no legal error, procedural unfairness or irrationality was demonstrated and therefore there was no realistic prospect of success.

Hong Kong Case Law

AKHTAR HAMID ALI v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

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

PURWATI BT DARMIN WAGIO v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

VACA MINGYAO v. THE ADJUDICATOR OF THE NON-REFOULEMENT CLAIMS PETITION OFFICE APPOINTED TO DETERMINE THE APPLICANT’S PETITION AND ANOTHER [Decision on Leave Application]