Hong Kong Case Law: Decisions & Judgments

Topic

State acquiescence/due diligence

Legal area

Court

29 Apr 2026

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

Citation

[2026] HKCFI 2360
Court

Court of First Instance
Case number

HCAL1442/2021

Leave was refused because the Director's decision was superseded and not reviewable after appeal, the Board applied the correct legal principles and its decision met the enhanced Wednesbury standard; the applicant failed to provide particulars or evidence of legal error, irrationality or procedural unfairness and therefore his challenge was not reasonably arguable.
3 Oct 2022

SHARIF OMAR v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

Citation

[2022] HKCFI 3044
Court

Court of First Instance
Case number

HCAL528/2020

The leave application was dismissed because it was inordinate and unexplainedly late (over one year), the proposed grounds were vague and lacked particulars or any reasonably arguable legal error, the Director and the Board had applied appropriate legal standards and their adverse credibility and risk assessments were not shown to be irrational or procedurally unfair, and the applicant confirmed he no longer objected to return; accordingly there was no prospect of success and no basis to extend time or grant leave.
5 Mar 2018

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

Citation

[2018] HKCFI 406
Court

Court of First Instance
Case number

HCAL385/2017

The TCAB/adjudicator's adverse credibility finding and conclusion that the evidence and documents were unreliable, combined with a determination that the acts did not meet the statutory/international definition of torture, that effective State protection and internal relocation were available, and that the claim did not engage a Convention reason, meant the applicant failed to show real risk; no error of law or procedural unfairness was shown and judicial review leave was therefore refused.

Hong Kong Case Law

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

SHARIF OMAR v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

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