Hong Kong Case Law: Decisions & Judgments

Topic

Refugee convention (article 33)

Legal area

Court

13 May 2026

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

Citation

[2026] HKCFI 2691
Court

Court of First Instance
Case number

HCAL1560/2021

Leave to apply for judicial review was refused because the applicant failed to identify any arguable legal ground, failed to show a realistic prospect of success, and the Board's findings on the absence of substantive evidence, availability of state protection and viability of internal relocation were within the Board's fact-finding province and not vitiated by error of law, procedural unfairness or irrationality.
4 Aug 2023

DESI ISNAWATI v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

Citation

[2023] HKCFI 2023
Court

Court of First Instance
Case number

HCAL672/2023

Extension of time was refused because the applicant's delay of over three months was substantial and unexplained, and there was no reasonably arguable ground for judicial review given the Board and Director had reasonably concluded the risk from private creditors was low, state protection and internal relocation were available and there was no error of law, irrationality or procedural unfairness; accordingly the leave application was dismissed.
6 Apr 2023

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

Citation

[2023] HKCFI 772
Court

Court of First Instance
Case number

HCAL1338/2022

Extension of time was refused because the application was approximately ten months late with no adequate explanation and the proposed challenge had no realistic prospect of success on the merits; the Board's Decision showed no error of law, procedural unfairness or irrationality and therefore judicial review was not warranted.
12 Nov 2020

RE MEMBRERE SUSAN BIADNO

Citation

[2020] HKCA 904
Court

Court of Appeal
Case number

CACV187/2020

The appeal was dismissed because the applicant failed to identify any error of law, procedure or procedural unfairness in the Board's decision or in the judge's refusal of leave; non-compliance with the requirement to lodge a skeleton argument justified vacating the oral hearing and deciding the appeal on paper, and the intended judicial review had no prospect of success.
29 May 2020

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

Citation

[2020] HKCFI 968
Court

Court of First Instance
Case number

HCAL1598/2018

The applicant failed to show any arguable or reasonable prospect of success because there was no evidence that the Board or Adjudicator committed any reviewable error in adverse credibility findings or in concluding the claim was unsubstantiated; therefore leave to apply for judicial review was refused.

Hong Kong Case Law

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

DESI ISNAWATI v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

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

RE MEMBRERE SUSAN BIADNO

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