Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Right to life / bor 2

Legal area

Court

10 Mar 2023

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

Citation

[2023] HKCFI 472
Court

Court of First Instance
Case number

HCAL186/2019

Leave refused because the court found no arguable legal error, irrationality or procedural unfairness in the Director's or the Board's decisions: the risk findings were reasonable, state protection and internal relocation were available, and lack of legal representation or translations at the Board did not render the procedure unfair in the circumstances.
13 Jan 2021

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

Citation

[2021] HKCFI 74
Court

Court of First Instance
Case number

HCAL920/2019

Leave refused because applicant failed to show any arguable error of law or procedure; TCAB and Director made reasonable factual findings that the alleged incidents were insufficiently detailed and not of a minimum level of severity, there was no evidence of state complicity, credible state protection and internal relocation options existed, and the risk had dissipated over time, so there was no reasonably arguable basis for judicial review.