Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Sexual orientation asylum claims

Legal area

Court

16 Nov 2023

SITI KASTURI v. DIRECTOR OF IMMIGRATION [Decision on Leave Application]

Citation

[2023] HKCFI 2953
Court

Court of First Instance
Case number

HCAL1697/2023

Leave was granted because it was reasonably arguable that the immigration officer failed to apply the proper legal test for sexual‑orientation based non‑refoulement claims (HJ/HT), improperly relied on findings from a prior, materially different claim without adequate fresh assessment of relevant COI, and insufficiently assessed state protection and internal relocation; those defects met the threshold for leave to apply for judicial review.
18 Dec 2018

ON v. TORTURE CLAIMS APPEAL BOARD/NON-REFOULEMENT CLAIMS

Citation

[2018] HKCFI 2727
Court

Court of First Instance
Case number

HCAL663/2017

The Adjudicator's decision was quashed because he acted unlawfully and unfairly by disbelieving the Applicant's claimed sexual orientation without adequate enquiry or opportunity to corroborate, failing to obtain and consider readily available COI (including criminalisation of homosexuality and risks posed by Boko Haram), and applying an incorrect test for persecution that unduly required past severe physical harm; the matter is remitted to the TCAB for rehearing by a different adjudicator.