Hong Kong Case Law: Decisions & Judgments

YENI ASTUTI AND ANOTHER v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE

Citation

[2025] HKCFI 972

Court

Court of First Instance

Case number

HCAL548/2024

Applying the AW factors, the applicants failed to show a realistic prospect of success or any valid ground to challenge the Board's factual findings and did not justify the delay; accordingly extension of time was refused and the joint application dismissed.

12 May 2023

HARYANTI AND OTHERS v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE

Citation: [2023] HKCA 650
Court: Court of Appeal
Case number: CACV364/2022

The 1st applicant's appeal failed because she identified no reasonably arguable error of law, procedural unfairness or irrationality in the Board's decision and offered no valid explanation for delay; accordingly extension of time and leave were properly refused. By contrast, the Board failed to consider and address child-specific matters and risks applicable to the 2nd and 3rd applicants as separate claimants; that omission amounted to a reviewable defect warranting leave, quashing of the Board's decision insofar as it concerned the minors and remittal for re-consideration with legal represe…