Hong Kong Case Law: Decisions & Judgments

Topic

Torture claims appeal board review

Legal area

Court

12 Sept 2025

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

Citation

[2025] HKCFI 4129
Court

Court of First Instance
Case number

HCAL279/2021

Leave was refused because the applicant failed to identify any arguable legal ground; the Board’s adverse factual findings on BOR Article 2 risk and the unreliability of evidence were not shown to involve error of law, procedural unfairness or irrationality, and therefore the intended challenge had no realistic prospects of success.
30 Jun 2025

RE ULLAH ASAD

Citation

[2025] HKCA 572
Court

Court of Appeal
Case number

CACV24/2025

The appeal was dismissed because the applicant failed to identify with sufficient particularity any error of law or relevant failure by the Judge in assessing the Board's decision; the applicant's case consisted of bare assertions without evidence and had no realistic prospect of success.
21 Sept 2022

NGUYEN NGOC THIEM AND OTHERS v. TORTURE CLAIMS APPEAL BOARD

Citation

[2022] HKCA 1376
Court

Court of Appeal
Case number

CACV511/2021

Leave to appeal was refused because the Notice of Motion failed to identify any question of great general or public importance, the complaints against the Board and Director were bare assertions lacking substance, the intended appeal had no merits and no reasonable prospect of success, and there was no basis to grant leave under s 22(1)(b); procedural non-compliance was treated as a mere irregularity.
29 Aug 2022

RE AKHTAR JAVED

Citation

[2022] HKCA 1244
Court

Court of Appeal
Case number

CAMP112/2021

The Notice of Motion for leave to appeal to the Court of Final Appeal filed out of time was dismissed because the applicant failed to provide a reasonable explanation for the delay and failed to identify any question of great general or public importance under section 22(1)(b) of Cap 484, and the matters raised were not reasonably arguable nor sufficient under the "otherwise" limb, therefore leave was refused.
11 Oct 2019

RE BINULOAN ELISSA RICOMES

Citation

[2019] HKCA 1080
Court

Court of Appeal
Case number

CACV80/2019

Leave to appeal was refused because the applicant failed to identify any arguable question of law or any issue of great general or public importance under s22(1)(b) Cap.484; the application merely sought re‑assessment of the Board's factual conclusions without legal error and had no prospect of success.
30 Jul 2018

RE SOUMAH OUSMANE

Citation

[2018] HKCA 459
Court

Court of Appeal
Case number

CAMP71/2018

The applicant failed to show any reasonably arguable ground for judicial review: the Board recorded that an interpreter assisted and the applicant reported no difficulty; the applicant had prior legal assistance; the judge correctly applied authority that there is no absolute right to free representation; having scrutinised the Board decision the court found no error of law or unfairness and therefore refused the extension of time to appeal because the intended appeal had no prospect of success.

Hong Kong Case Law

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

RE ULLAH ASAD

NGUYEN NGOC THIEM AND OTHERS v. TORTURE CLAIMS APPEAL BOARD

RE AKHTAR JAVED

RE BINULOAN ELISSA RICOMES

RE SOUMAH OUSMANE