Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Risk of persecution (article 33 1951 convention)

Legal area

Court

23 Dec 2020

SHEIKH BADRUL v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE

Citation

[2020] HKCA 1060
Court

Court of Appeal
Case number

CACV125/2020

The Court dismissed the appeal because the judge correctly applied the limited judicial review standard, the applicant failed to identify any error of law, procedural impropriety or irrationality in the Board's decision or in the judge's reasons, and the applicant did not show a reasonable prospect of success to justify leave to apply for judicial review.
17 Jun 2019

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

Citation

[2019] HKCFI 426
Court

Court of First Instance
Case number

HCAL439/2018

Leave was refused because the applicant failed to identify any arguable legal error or procedural unfairness in the Director's and Board's decisions, the Board's adverse credibility and risk findings were supported by the evidence (including the applicant's refusal to give evidence), and reasonable internal relocation and state protection were available such that there was no prospect of success on judicial review.