Hong Kong Case Law: Decisions & Judgments

Topic

Prohibition of torture (bor article 3)

Legal area

Court

1 Apr 2026

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

Citation

[2026] HKCFI 1934
Court

Court of First Instance
Case number

HCAL1328/2020

Leave to apply for judicial review was granted because the Board may have committed an error of law and/or acted with procedural unfairness by assessing a newly raised religion-based risk without holding an oral hearing or probing its genuineness and severity, making the applicant's intended judicial review reasonably arguable and meriting leave.
25 Feb 2026

DAVINDER SINGH v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

Citation

[2026] HKCFI 1151
Court

Court of First Instance
Case number

HCAL247/2021

Leave to apply for judicial review was refused because the applicant failed to identify any reasonably arguable legal error, irrationality or procedural unfairness in the Director’s or the Board’s decisions; the Board’s credibility findings and risk assessment (low risk, private family dispute, availability of state protection and internal relocation) were not legally flawed and there was no prospect of success on judicial review.
24 Sept 2024

IVA DEWI SEKAR SARI v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

Citation

[2024] HKCFI 2565
Court

Court of First Instance
Case number

HCAL351/2023

Leave was refused because the applicant failed to identify any reasonably arguable legal error or procedural unfairness in the Director's or Board's decisions; the Board's factual finding that the dispute was private and monetary, that state protection and internal relocation in Indonesia are available, and that the risk was low was rational and supported by the evidence, so there was no prospect of success on judicial review.
28 Jun 2022

RE SATISHA BHADREGOWDA

Citation

[2022] HKCA 944
Court

Court of Appeal
Case number

CACV21/2022

The appeal is dismissed because the applicant failed to show any viable arguable ground to reverse the Judge's refusal of leave; there was no demonstrated error of law, irrationality or procedural unfairness in the Board's or Judge's decisions.
2 Sept 2021

SITI RODIYAH v. TORTURE CLAIMS APPEAL BOARD AND ANOTHER [Decision on Leave Application]

Citation

[2021] HKCFI 2586
Court

Court of First Instance
Case number

HCAL8/2019

Leave was refused because the applicant failed to identify any arguable legal error, irrationality or procedural unfairness in the Director's or the Board's decisions; both bodies reasonably found the risk was a private domestic matter, state protection and internal relocation in Indonesia were available, and therefore there was no reasonable prospect of success on judicial review.
20 Nov 2020

RE HOSSAIN ABUL

Citation

[2020] HKCA 957
Court

Court of Appeal
Case number

CACV175/2020

The Judge did not err in law in refusing leave because the applicant failed to show any prospect of success and the matters complained of (assessment of evidence and COI) fall within the Board's factual province; no legal error, procedural unfairness or irrationality justified judicial review, therefore the appeal is dismissed.
7 Jul 2020

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

Citation

[2020] HKCFI 1365
Court

Court of First Instance
Case number

HCAL1775/2018

Leave to apply for judicial review was refused because the applicant failed to identify any arguable legal error and could not show a reasonable prospect of success; the Board's adverse credibility and risk assessments were within its primary fact-finding role and there was no basis for the court to intervene.

Hong Kong Case Law

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

DAVINDER SINGH v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

IVA DEWI SEKAR SARI v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

RE SATISHA BHADREGOWDA

SITI RODIYAH v. TORTURE CLAIMS APPEAL BOARD AND ANOTHER [Decision on Leave Application]

RE HOSSAIN ABUL

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