Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Standard of review (enhanced scrutiny)

Legal area

Court

15 Oct 2025

NGUYEN THI TO UYEN v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE

Citation

[2025] HKCA 924
Court

Court of Appeal
Case number

CACV302/2024

The appeal is dismissed because the applicant failed to identify any error of law or procedural unfairness, did not adduce evidence to rebut the Board's adverse credibility and risk findings and had no realistic prospect of success such that the judge rightly refused leave.
30 Jun 2025

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

Citation

[2025] HKCFI 2059
Court

Court of First Instance
Case number

HCAL207/2020

Leave to apply for judicial review was refused because the Applicant failed to identify any reasonably arguable error of law, procedural unfairness or irrationality in the Board's decision; the Director's decision was not open to challenge once appeal to the Board was pursued; the Board applied enhanced scrutiny, made credibility and risk assessments based on inconsistencies and lack of evidence of personal risk, state acquiescence, or impossibility of internal relocation, and provided adequate reasons for its conclusions.