Hong Kong Case Law: Decisions & Judgments

Topic

Standard of review on appeal

Legal area

Court

14 May 2026

RE NGUYEN VIET TRUNG

Citation

[2026] HKCA 954
Court

Court of Appeal
Case number

CACV88/2025

Leave to apply for judicial review was correctly refused because the applicant failed to identify any error of law, procedural unfairness or irrationality in the Board's decision or in the Judge's Leave Decision; the Board's adverse factual findings regarding private nature of risk, adequacy of state protection and viability of internal relocation were open on the evidence and were properly treated by the Judge, and the applicant's bare assertions without particulars did not establish a viable ground of appeal.
7 May 2026

ALI MOHAMMAD LITON v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE

Citation

[2026] HKCA 847
Court

Court of Appeal
Case number

CACV775/2025

The appeal is dismissed because the applicant failed to advance any viable, substantiated grounds to overturn the Deputy High Court Judge's refusal to extend time; his bare assertions did not demonstrate error of law, procedural unfairness or irrationality in the Board's decision.
30 Apr 2026

KHAN ANWAR v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE

Citation

[2026] HKCA 745
Court

Court of Appeal
Case number

CACV832/2025

Appeal dismissed because the applicant failed to file submissions, waived an oral hearing, advanced only a bare allegation without particulars and identified no viable ground or error in the judge's refusal of leave to apply for judicial review; therefore there was no basis to reverse the judge's order.
29 Apr 2026

RE SABIR HUSSAIN

Citation

[2026] HKCA 672
Court

Court of Appeal
Case number

CACV134/2026

The appeal is dismissed because the applicant failed to identify with sufficient particulars any error in the Leave Decision; his allegations were general, unsupported and did not demonstrate any error of law, procedural unfairness or irrationality warranting intervention, and therefore there was no basis to reverse the judge’s refusal of leave.
29 Apr 2026

RE NGUYEN THI KIM

Citation

[2026] HKCA 671
Court

Court of Appeal
Case number

CACV960/2025

The appeal is dismissed because the applicant failed to identify with sufficient particularity any error in the Deputy High Court Judge's Leave Decision; her assertions were general and unsupported by specifics or evidence, and no error of law, procedural unfairness or irrationality was demonstrated to justify interference with the Leave Decision.
10 Apr 2026

RE PALIT VALENTINO KANISIUS

Citation

[2026] HKCA 517
Court

Court of Appeal
Case number

CACV81/2026

The appeal is dismissed because the applicant failed to identify any specific error by the judge and relied on general, bare and vague assertions which do not constitute viable grounds of appeal; therefore there is no basis to disturb the decision refusing leave.
10 Apr 2026

RE SHERAZ MUHAMMAD

Citation

[2026] HKCA 620
Court

Court of Appeal
Case number

CACV75/2026

The appeal was dismissed because the applicant advanced new, fact-and-evidence sensitive grounds that were not raised below and gave no explanation for that omission, and because his generalized, unsupported assertions failed to identify any error of law, procedural unfairness or irrationality in the Board's decision or the judge's Leave Decision, providing no viable basis to reverse the refusal of leave.
2 Apr 2026

NAKAZIBWE JOANITA v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE

Citation

[2026] HKCA 599
Court

Court of Appeal
Case number

CACV90/2026

The appeal is dismissed because the applicant failed to advance any viable ground to overturn the judge's refusal of leave, attempted to raise new matters on appeal without justification, and there was no demonstrable error of law, procedural unfairness or irrationality in the Board's decision which would warrant judicial intervention.
24 Mar 2026

RE NGUYEN XUAN BO

Citation

[2026] HKCA 441
Court

Court of Appeal
Case number

CACV1178/2025

The appeal is dismissed because the applicant failed to identify any error in the judge's refusal of leave, advanced no viable grounds to reverse the Leave Decision, and relied on bare, general allegations without particulars; the Court will not reassess the Board's factual findings absent demonstrable error of law, procedural unfairness or irrationality, and the appeal was properly determined on paper after procedural default.
18 Mar 2026

RE NGUYEN NGOC AN

Citation

[2026] HKCA 470
Court

Court of Appeal
Case number

CACV82/2025

The appeal is dismissed because the applicant failed to identify any specific error in the Leave Decision; his submissions were general, unparticularized and did not constitute viable grounds to reverse the judge's refusal of leave to apply for judicial review.