Hong Kong Case Law: Decisions & Judgments

Topic

Torture (part viic, immigration ordinance)

Legal area

Court

29 Apr 2026

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

Citation

[2026] HKCFI 2358
Court

Court of First Instance
Case number

HCAL260/2026

Leave to apply for judicial review was refused because the applicant failed to show any realistic prospect of success; the Board's findings on credibility, absence of evidence of a real risk, viability of internal relocation and availability of state protection were within the Board's fact-finding discretion and there was no shown error of law, procedural unfairness or irrationality.
23 Jan 2026

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

Citation

[2026] HKCFI 433
Court

Court of First Instance
Case number

HCAL1263/2025

Leave to apply for judicial review was refused because the applicant failed to demonstrate a realistic prospect of success; the Board's credibility findings and conclusions that internal relocation and state protection were viable were not vitiated by error of law, procedural unfairness or irrationality.
16 Oct 2025

REHMAN ABDUL v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

Citation

[2025] HKCFI 4627
Court

Court of First Instance
Case number

HCAL1709/2025

Leave was refused because the applicant failed to demonstrate an arguable case of legal error or procedural unfairness; the Board's adverse credibility findings were supported by inconsistencies, contradictions and use of a false identity document, the delayed claim undermined credibility, and internal relocation was found viable, so there was no realistic prospect of success on judicial review.
6 May 2020

SHARMA KRISHNA PRASAD v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE [Decision on Leave Application]

Citation

[2020] HKCFI 145
Court

Court of First Instance
Case number

HCAL1098/2018

Leave was refused because the applicant failed to identify any arguable error of law, irrationality or procedural unfairness in the Director's or Board's decisions; the evidence supported the findings that the risk was localized and low, state protection and reasonable internal relocation were available, and lack of counsel at the Board stage did not render the process unfair.
21 Oct 2019

RE PANERGALIN CELSO ARTIPICIO

Citation

[2019] HKCA 1146
Court

Court of Appeal
Case number

CACV168/2019

The Court refused leave and dismissed the appeal because the applicant failed to demonstrate any reasonably arguable public law error: the Board's adverse credibility finding was sustainable on the materials, there was no established procedural unfairness or irrationality, and the Director and Board reasonably found the risk was localized and internal relocation was possible, thus negating entitlement to non-refoulement protection.
25 Jun 2018

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

Citation

[2018] HKCFI 1341
Court

Court of First Instance
Case number

HCAL591/2017

Extension of time was refused because the six‑week delay was not adequately explained and the substantive application was weak and not reasonably arguable; on the merits the adjudicator and Director lawfully and reasonably considered COI, state protection and internal relocation, applied the correct legal tests and their decisions satisfied the enhanced Wednesbury standard, therefore leave to apply for judicial review is refused.

Hong Kong Case Law

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

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

REHMAN ABDUL v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

SHARMA KRISHNA PRASAD v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE [Decision on Leave Application]

RE PANERGALIN CELSO ARTIPICIO

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