Hong Kong Case Law: Decisions & Judgments

Topic

Relocation as mitigation

Legal area

Court

26 Mar 2026

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

Citation

[2026] HKCFI 1620
Court

Court of First Instance
Case number

HCAL1178/2022

The application for leave was dismissed because the Applicant failed to identify any reasonably arguable ground of error of law, procedural unfairness or irrationality in the TCAB Decision; the TCAB applied the correct legal principles and its factual findings that there was no ongoing risk and that relocation options existed were not open to challenge at the leave stage, so there was no realistic prospect of success.
11 Jul 2024

RE HERRERA HOMER LEONARDO

Citation

[2024] HKCA 585
Court

Court of Appeal
Case number

CAMP54/2023

Refusal to extend time was justified because the delay (over eight months) was inordinate, the applicant's explanations for delay were unconvincing and unsupported, and the intended judicial review was hopeless as no arguable error of law or procedural unfairness was identified in the Director's or Board's decisions; accordingly there was no prospect of success and no reason to permit an out-of-time appeal.
29 Oct 2018

RE SWARANJIT KAUR

Citation

[2018] HKCFI 2183
Court

Court of First Instance
Case number

HCAL488/2017

Refused leave to appeal because the applicant failed to provide a valid explanation for nearly three months' delay and put forward no arguable grounds with a realistic prospect of success; existing findings that the risk was localized or the applicant's evidence was not credible eliminated any basis for extension or appeal.

Hong Kong Case Law

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

RE HERRERA HOMER LEONARDO

RE SWARANJIT KAUR