Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Reopening withdrawn claims

Legal area

Court

20 May 2025

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

Citation

[2025] HKCFI 1983
Court

Court of First Instance
Case number

HCAL392/2023

Leave was refused because the applicant failed to demonstrate any reasonably arguable legal error or procedural unfairness: his grounds were bare and lacking particulars, he did not meet s37ZE requirements to re-open a withdrawn claim, failed to provide requested evidence, the Board conducted a full hearing and made reasoned credibility findings, and the claimed risk was localized with relocation available, so there was no prospect of success.
30 Apr 2021

TARIQ MEHMOOD v. TORTURE CLAIMS APPEAL BOARD

Citation

[2021] HKCFI 1191
Court

Court of First Instance
Case number

HCAL1282/2018

The court refused to extend time and dismissed the application for leave because the applicant was over ten months late with no satisfactory explanation for delay, failed to provide any evidence that circumstances beyond his control prevented return of the NCF despite multiple extensions and legal assistance, and there was no reasonably arguable ground that the Director or Appeal Board erred in law, acted irrationally or committed procedural unfairness.