Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Torture/article 3 bora

Legal area

Court

30 Sept 2025

SARTIKA DEWI v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

Citation

[2025] HKCFI 4586
Court

Court of First Instance
Case number

HCAL1174/2022

Leave was refused and dismissed because the applicant's grounds were vague and lacked required particulars, the Board's decision disclosed no error of law, procedural unfairness or irrationality on anxious scrutiny and, since the applicant confirmed it was safe to return, any remedy would be otiose and the leave application had no realistic prospects of success.
13 Mar 2019

MD IBRAHIM SHEIKH ALIAS MD IBRAHIM SHAKH v. THE ADJUDICATOR OF THE TORTURE CLAIMS APPEAL BOARD/NON-REFOULEMENT CLAIMS PETITION OFFICE AND ANOTHER [Decision on Leave Application]

Citation

[2019] HKCFI 587
Court

Court of First Instance
Case number

HCAL1589/2018

Leave for judicial review was refused because (1) the statutory scheme gives the Board primacy and accordingly the Director's decision is not vulnerable to judicial review once an appeal to the Board is pursued absent exceptional circumstances, and (2) the applicant failed to demonstrate any arguable ground or reasonable prospect of success on the Board's decision given his admissions, lack of supporting evidence and adverse credibility findings by the Adjudicator.