14 May 2026
NGUYEN THI HAI v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE [Decision on Leave Application]
- Citation
- [2026] HKCFI 2657
- Court
- Court of First Instance
- Case number
- HCAL1487/2022
Leave refused because the applicant failed to demonstrate any error of law, procedural unfairness or irrationality in the Board's decision; the Board applied correct legal principles, made admissible credibility findings that the applicant was an untrustworthy witness and that her evidence lacked credence, and the Director's decision was superseded by the Board's decision and therefore not reviewable; the challenge was not reasonably arguable with realistic prospects of success.
- Leave to apply for judicial review
- Wednesbury unreasonableness
- Right to life (article 2 hkboro; basic law art 28)
- State protection and acquiescence
- Procedural fairness
- Service and hearing in absence