Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Torture and article 3 risk

Legal area

Court

4 Nov 2025

TRAN QUANG THANH v. DIRECTOR OF IMMIGRATION [Decision on Leave Application]

Citation

[2025] HKCFI 5199
Court

Court of First Instance
Case number

HCAL1941/2025

The Director lawfully exercised the statutory gatekeeper function under s37ZO in concluding the Applicant failed to provide sufficient written evidence of a significant change that, together with prior material, would give any subsequent claim a realistic prospect of success; the Board correctly held that a refusal to permit a subsequent claim is not appealable under s37ZR; given the Applicant's persistent, repetitive and largely identical challenges over many years without adequate particulars or diligence, there was no prospect of success and leave for judicial review was refused and a RPO…
5 Aug 2022

TUBAGUS YUSUP ALIAS TUBAGUS ALIAS TUBAGUS YUSUF ALIAS TUBAGUS TUBAGUS v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

Citation

[2022] HKCFI 2398
Court

Court of First Instance
Case number

HCAL83/2019

Leave to apply for judicial review was refused because the Applicant failed to identify any reasonably arguable legal error, irrationality or procedural unfairness in the Director's or Board's decisions; the Board's adverse credibility findings were supported by detailed reasoning; and even if the Applicant's account were true, reasonable internal relocation and state protection in Indonesia meant no non-refoulement protection was warranted, so there was no prospect of success.