Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Right to life (bora article 2)

Legal area

Court

21 Nov 2025

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

Citation

[2025] HKCFI 5437
Court

Court of First Instance
Case number

HCAL1439/2020

Leave to apply for judicial review was refused because the applicant failed to identify any reasonably arguable public law ground with a realistic prospect of success; careful anxious scrutiny disclosed no procedural unfairness, error of law or irrationality in the TCAB/NRCPO's credibility findings and risk assessments, so the decision stands.
16 May 2025

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

Citation

[2025] HKCFI 1946
Court

Court of First Instance
Case number

HCAL945/2020

The leave application was dismissed because the applicant failed to identify any arguable grounds and the court, on anxious scrutiny, found no error of law, procedural unfairness or irrationality in the Board's Decision; the Board lawfully and fairly assessed evidence including state protection and internal relocation, thus the enhanced Wednesbury test was satisfied and leave must be refused.