Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Statutory appeal to specialized board

Legal area

Court

5 Jun 2020

ORTEGA MARCELO JR. ESPINOSA v. TORTURE CLAIMS APPEAL BOARD/ NON-REFOULEMENT CLAIMS PETITION OFFICE AND ANOTHER [Decision on Leave Application]

Citation

[2020] HKCFI 1021
Court

Court of First Instance
Case number

HCAL1624/2018

Leave to apply for judicial review was refused because the applicant failed to demonstrate exceptional circumstances or a reasonable prospect of success; the Director's decision was not amenable to review once an appeal to the Board was pursued; and the Board's adverse credibility and factual findings were not shown to be erroneous.
3 Jun 2020

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

Citation

[2020] HKCFI 1011
Court

Court of First Instance
Case number

HCAL320/2018

Leave was refused because the applicant had no reasonable prospect of success: judicial review of the Director's decision is precluded once the statutorily constituted Board has heard the appeal absent exceptional circumstances; the Board accepted the applicant's factual account and lawfully concluded that internal relocation would avoid the risk, and the applicant failed to establish procedural unfairness or non‑receipt of correspondence.