Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Statutory appeal route

Legal area

Court

5 Mar 2026

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

Citation

[2026] HKCFI 1095
Court

Court of First Instance
Case number

HCAL1620/2021

The application for leave to apply for judicial review is struck out because the applicant failed to appeal the Director's decision to the Torture Claims Appeal Board as required by section 37ZR of the Immigration Ordinance, there was no exceptional reason to bypass that statutory appeal, and established authority holds that such immigration officer decisions are not susceptible to judicial review when the appeal mechanism is available (Re: Moshsin Ali).
8 Jul 2021

梁健寧對香港會計師公會 [Decision on Leave Application]

Citation

[2021] HKCFI 1889
Court

Court of First Instance
Case number

HCAL868/2021

Leave to apply for judicial review was refused because the material relied on (a registrar's investigation report) was an intermediary, non‑substantive step not amenable to review; the applicant failed to identify the substantive decision and its date; a statutory appeal was available under the Professional Accountants Ordinance; and the application was subject to serious, unexplained delay well beyond the three‑month rule, causing prejudice — grounds that justified the exercise of the court's discretion to refuse permission.