Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Standard of review on credibility findings

  • 6 Mar 2026

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

    Citation
    [2026] HKCFI 1072
    Court
    Court of First Instance
    Case number
    HCAL888/2021

    Leave to apply for judicial review was refused because the applicant failed to identify arguable grounds in Form 86, withdrew the allegation of lack of legal representation, failed to establish the interpreter allegation on the record, and could not show any public law error, illegality or irrationality in the Board's factual findings on credibility and internal relocation; consequently the intended challenge was not reasonably arguable with realistic prospects of success.

    • Leave to apply for judicial review
    • Procedural fairness
    • Standard of review on credibility findings
    • Interpreter assistance
    • Internal relocation
    • Form 86 requirements

  • 12 Aug 2025

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

    Citation
    [2025] HKCFI 3371
    Court
    Court of First Instance
    Case number
    HCAL456/2020

    Leave was refused because the Board properly applied the law and fairness standards, its adverse credibility findings and factual conclusions were open to it, and the applicant failed to demonstrate any public law error, procedural unfairness or irrationality such that the challenge was reasonably arguable.

    • Leave to apply for judicial review
    • Standard of review on credibility findings
    • Procedural fairness
    • Factual findings
    • Withdrawal of proceedings

  • 13 Jun 2025

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

    Citation
    [2025] HKCFI 2401
    Court
    Court of First Instance
    Case number
    HCAL405/2020

    The applicant failed to particularise his grounds and provide required disclosure; the Board made factual findings on credibility, state protection and internal relocation which were not vitiated by error of law, procedural unfairness or irrationality; consequently the applicant's challenge was not reasonably arguable and leave to apply for judicial review was refused.

    • Leave to apply for judicial review
    • Procedural fairness
    • Standard of review on credibility findings
    • State protection
    • Internal relocation
    • Form 86 particulars