Hong Kong Case Law: Decisions & Judgments

Topic

Risk assessment

Legal area

Court

19 May 2026

RE HOSSAIN LAL CHAID

Citation

[2026] HKCA 961
Court

Court of Appeal
Case number

CACV208/2026

The appeal is dismissed because the applicant failed to identify any viable ground showing error of law, procedural unfairness or irrationality in the Board’s decision or in the Judge’s refusal of leave; the Board’s findings on risk, state protection and internal relocation were open to it on the evidence; and the Director’s decision had been superseded by the Board and was not open to challenge by judicial review.
19 May 2026

RE SURYADI AHMAD

Citation

[2026] HKCA 964
Court

Court of Appeal
Case number

CACV237/2026

The appeal fails because the applicant advanced no viable ground of legal error, procedural unfairness or irrationality in the Board's decision; the Board's factual findings on lack of real risk and availability of state protection/internal relocation were open to it on the evidence; the Judge correctly refused leave; lifting the statutory stay was appropriate given the applicant's consent and absence of prejudice.
18 May 2026

YUYUD AHYUDIN v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE

Citation

[2026] HKCA 941
Court

Court of Appeal
Case number

CACV199/2026

The applicant's pleadings were general and lacked particulars or any viable ground to impugn the judge's refusal of leave; therefore there was no basis to overturn the refusal and the appeal must be dismissed.
18 May 2026

SIVALINGAM MANOJ KUMAR v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE

Citation

[2026] HKCA 939
Court

Court of Appeal
Case number

CACV174/2026

The appeal was dismissed because the applicant failed to identify or demonstrate any viable error in the judge's refusal of leave to apply for judicial review; general allegations without particulars do not establish grounds to reverse the refusal, and the Court will not substitute its own assessment for the Board absent errors of law, procedural unfairness or irrationality.
15 May 2026

ZUBAIR MUHAMMAD v. TORTURE CLAIMS APPEAL BOARD

Citation

[2026] HKCA 874
Court

Court of Appeal
Case number

CACV708/2025

The appeal was dismissed because the applicant failed to identify any viable ground to impugn the Deputy High Court Judge's decision refusing leave to apply for judicial review; absent an identified error of law, procedural unfairness or irrationality, the judge's refusal must stand.
15 May 2026

HIRA AHMAD v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE

Citation

[2026] HKCA 791
Court

Court of Appeal
Case number

CACV189/2026

The appeal is dismissed because the applicant failed to identify any error in the judge's decision refusing extension of time and leave; the grounds advanced were general and lacking particulars and therefore no viable basis existed to reverse the judge, and the Court will not substitute its own assessment for that of the Board absent error of law, procedural unfairness or irrationality.
15 May 2026

AHAMAD MD RAJU v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE

Citation

[2026] HKCA 724
Court

Court of Appeal
Case number

CACV976/2025

The appeal was dismissed because the applicant failed to particularize or substantiate any viable ground to challenge the Judge's refusal of leave to apply for judicial review; no error of law, procedural unfairness or irrationality was identified in the Judge's decision.
15 May 2026

RAJA SHAHID v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE

Citation

[2026] HKCA 916
Court

Court of Appeal
Case number

CACV675/2025

The appeal is dismissed because the applicant failed to advance any viable ground showing that the judge erred; no error of law, procedural unfairness or irrationality was shown in the Board's decision and there is no basis to interfere with the judge's refusal of leave.
15 May 2026

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

Citation

[2026] HKCFI 2462
Court

Court of First Instance
Case number

HCAL1541/2025

Leave was refused because the applicant failed to identify arguable public law grounds or make full and frank disclosure in Form 86, and the Board's decision contained no demonstrable error of law, procedural unfairness or irrationality; the Board applied the correct legal tests and its factual findings were not open to challenge on judicial review.
15 May 2026

MEHMOOD KASHIF v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE

Citation

[2026] HKCA 921
Court

Court of Appeal
Case number

CACV614/2025

The appeal failed because the applicant provided only bare, unparticularised allegations and did not identify any error in the judge's refusal to grant leave; absent viable grounds of appeal, the Court dismissed the appeal and would not substitute its own assessment for the Board's factual evaluations.