Hong Kong Case Law: Decisions & Judgments

Topic

Standard of review (error of law/procedural unfairness/irrationality)

Legal area

Court

23 Jan 2026

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

Citation

[2026] HKCFI 423
Court

Court of First Instance
Case number

HCAL1736/2025

The application for leave was dismissed because the Board's decision involved findings of fact without identifiable public law error, the applicant failed to plead any arguable ground of judicial review, and the application was substantially out of time with no adequate explanation; accordingly leave was not reasonably arguable and no extension of time was granted.
6 Nov 2025

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

Citation

[2025] HKCFI 4757
Court

Court of First Instance
Case number

HCAL831/2020

The Form 86 was allowed to be amended to identify the correct Board decision but the leave application was dismissed because the applicant failed to identify grounds or provide supporting affidavit, the Board's adverse credibility and factual findings stood as non-reviewable in absence of public law error, and no arguable legal or procedural error was shown making the challenge not reasonably arguable with realistic prospects of success.
28 Apr 2022

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

Citation

[2022] HKCFI 1219
Court

Court of First Instance
Case number

HCAL519/2019

Leave to apply for judicial review was refused because the Board applied the correct legal principles under the USM, observed a very high standard of fairness, its adverse credibility findings and factual conclusions were reasonably open on the evidence, there was no procedural unfairness or error of law and the Decision was not Wednesbury unreasonable or irrational; the proposed JR had no realistic prospect of success.
13 Jul 2021

RE RIAS TUTI WAGIRAN

Citation

[2021] HKCA 974
Court

Court of Appeal
Case number

CACV207/2020

Leave to apply for judicial review was properly refused because the Board's findings that the applicant faced no real risk and that state protection and internal relocation were available were within the Board's remit and there was no shown error of law, procedural unfairness or irrationality; the applicant also failed to demonstrate a reasonable prospect of success and failed to comply with directions to file skeleton submissions.

Hong Kong Case Law

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

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

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

RE RIAS TUTI WAGIRAN