Hong Kong Case Law: Decisions & Judgments

Topic

Prohibition of torture and cidtp (article 3 hkbor)

Legal area

Court

5 Mar 2026

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

Citation

[2026] HKCFI 1093
Court

Court of First Instance
Case number

HCAL1304/2025

Leave refused because the applicant failed to identify any arguable legal ground and failed to demonstrate a realistic prospect of success; the Board's adverse credibility findings and conclusions on internal relocation and state protection were within its fact-finding remit and were not shown to involve legal error or procedural unfairness.
5 Sept 2025

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

Citation

[2025] HKCFI 4044
Court

Court of First Instance
Case number

HCAL545/2021

Leave to apply for judicial review was refused because the applicant failed to demonstrate any realistic prospect of success or any error of law, procedural unfairness or irrationality in the Board's Decision; the Board's determinations that the claim was unsubstantiated and that state protection and internal relocation were available were within its factual province and not amenable to supervisory intervention.
28 Feb 2023

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

Citation

[2023] HKCFI 373
Court

Court of First Instance
Case number

HCAL72/2019

Leave was refused because the applicant failed to demonstrate any realistic prospect of success on judicial review: the Board's findings were supported by the evidence, there was no error of law or procedural unfairness, and the conclusions on availability of state protection and viability of internal relocation were not irrational or Wednesbury unreasonable.
17 Jun 2020

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

Citation

[2020] HKCFI 1212
Court

Court of First Instance
Case number

HCAL1008/2018

Leave to apply for judicial review was refused because the applicant had a statutory appeal to the Board which had been heard and decided, there were no exceptional circumstances to permit direct judicial review of the Director's decision, and the applicant had no reasonable prospect of success given the unsubstantiated, internally inconsistent evidence and his refusal to cooperate with the Adjudicator.

Hong Kong Case Law

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

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

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

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