Hong Kong Case Law: Decisions & Judgments

Topic

Prohibition of torture (bor 3)

Legal area

Court

13 Feb 2025

MUNA KALA RAI v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

Citation

[2025] HKCFI 461
Court

Court of First Instance
Case number

HCAL751/2017

Leave was refused because both the Director and the Board gave reasons, the applicant had interpreter assistance and had legal representation at screening but elected not to give further evidence at the Board, the alleged past ill-treatment was localized and of low intensity, state protection and reasonable internal relocation within Nepal were available, and there was no identifiable legal error, procedural unfairness or irrationality in the decisions sufficient to found an arguable judicial review claim.
31 Jan 2024

NGUYEN THI HOA AND ANOTHER v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE

Citation

[2024] HKCA 109
Court

Court of Appeal
Case number

CACV334/2023

The appeal is dismissed because the 2nd Applicant failed to identify any arguable legal ground to impugn the Board's decision; the Board and Director correctly applied the law on BOR 2 risk, made findings that the creditor dispute was private and that state protection and internal relocation were available, and there was no error of law, procedural unfairness or irrationality warranting judicial review or reversal of the Judge's refusal of leave.
2 Sept 2022

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

Citation

[2022] HKCFI 2717
Court

Court of First Instance
Case number

HCAL1684/2021

Leave was refused because the applicant's grounds were broad, vague and lacked particulars and no reasonably arguable legal error, procedural unfairness or irrationality was identified in the Director's or Board's decisions which had reasonably assessed the risk as localized and found state protection and internal relocation available; the application thus had no prospect of success and the applicant indicated withdrawal after receiving a visa.
27 Jul 2022

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

Citation

[2022] HKCFI 2306
Court

Court of First Instance
Case number

HCAL616/2019

The leave application was dismissed because the applicant failed to identify any arguable legal error, irrationality or procedural unfairness in the Director's or the Board's decisions; the Board's adverse credibility findings, the assessment that any past ill-treatment was localized and of low intensity, the availability of state protection and reasonable internal relocation, and the conclusion that BOR 2 was not engaged together meant there was no reasonably arguable basis for judicial review of the non-refoulement decisions.
10 Aug 2018

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

Citation

[2018] HKCFI 1722
Court

Court of First Instance
Case number

HCAL782/2017

Leave for judicial review was refused because the court found no arguable error of law, unreasonableness or procedural unfairness in the Director's or Adjudicator's decisions; their factual findings that there was no real personal risk were open to them and the applicant had no realistic prospect of success on judicial review.
27 Jul 2018

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

Citation

[2018] HKCFI 1696
Court

Court of First Instance
Case number

HCAL676/2017

Leave was refused because the applicant advanced no reasonably arguable BOR 2 claim, added no new evidence when invited, the TCAB lawfully conducted a paper rehearing as no fairness deficit arose from omitting an oral hearing, and both decisions met the enhanced Wednesbury standard and were not procedurally unfair.

Hong Kong Case Law

MUNA KALA RAI v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

NGUYEN THI HOA AND ANOTHER v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE

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

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

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

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