Hong Kong Case Law: Decisions & Judgments

Topic

Refugee persecution (article 33 refugee convention)

Legal area

Court

6 Feb 2026

KARIUKI ALICE MURUGI v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

Citation

[2026] HKCFI 778
Court

Court of First Instance
Case number

HCAL69/2020

Leave was refused because the applicant failed to identify any arguable error of law, irrationality or procedural unfairness by the Torture Claims Appeal Board; the Board had considered all relevant non‑refoulement grounds, made adverse credibility findings based on substantial inconsistencies, and properly treated the matter as a private/family dispute such that there was no basis for judicial review.
25 Mar 2025

TOCHUKWU PETER OBIMEZIE v. DIRECTOR OF IMMIGRATION

Citation

[2025] HKCFI 849
Court

Court of First Instance
Case number

HCAL221/2025

The applicant failed to show a significant change of circumstances under s.37ZO or any realistic prospect of success on a subsequent non-refoulement claim; the Director lawfully treated the claim as a continuation of the prior claim and properly relied on country information; accordingly leave to apply for judicial review is refused and an RPO is appropriate to prevent further abusive proceedings.
7 Nov 2023

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

Citation

[2023] HKCFI 2718
Court

Court of First Instance
Case number

HCAL1212/2019

The application for extension of time was refused because the delay of approximately 2 years 7 months was long and unexplained and the proposed judicial review had no realistic prospect of success; the Board's factual findings (low intensity/frequency of past ill-treatment, availability of state protection and internal relocation, lack of reliable evidence of threats or state/party involvement) contained no error of law, procedural unfairness or Wednesbury irrationality and therefore the leave application was dismissed.
4 Apr 2022

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

Citation

[2022] HKCFI 896
Court

Court of First Instance
Case number

HCAL207/2019

Leave to apply for judicial review was refused because the applicant failed to raise any valid ground of challenge, there was no error of law or procedural unfairness in the Board's Decision, the Board's factual findings were not Wednesbury unreasonable or irrational, and the applicant had no realistic prospect of success.
22 Mar 2019

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

Citation

[2019] HKCFI 773
Court

Court of First Instance
Case number

HCAL831/2017

The application for an extension of time was refused because the applicant failed to provide a satisfactory explanation for the more than three-month delay and his intended grounds disclosed no realistic prospect of success; the Director and the Board committed no legal error, procedural unfairness or irrationality in rejecting the non-refoulement/torture claim, therefore leave to apply for judicial review was dismissed.

Hong Kong Case Law

KARIUKI ALICE MURUGI v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

TOCHUKWU PETER OBIMEZIE v. DIRECTOR OF IMMIGRATION

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

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

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