Hong Kong Case Law: Decisions & Judgments

Topic

Torture and cat protection

Legal area

Court

4 Sept 2019

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

Citation

[2019] HKCFI 2169
Court

Court of First Instance
Case number

HCAL874/2018

The Adjudicator conducted a proper analysis of the applicant's evidence and COI, reasonably rejected the credibility of alleged death threats, and reasonably found state protection and internal relocation available; there was no error of law, procedural unfairness or Wednesbury unreasonableness, therefore the applicant's grounds were not reasonably arguable and leave to apply for judicial review was refused.
4 Sept 2019

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

Citation

[2019] HKCFI 2168
Court

Court of First Instance
Case number

HCAL826/2018

Leave was refused because the applicant failed to show a reasonably arguable case; the Adjudicator's findings were supported by evidence, lawful and not Wednesbury unreasonable; there was no procedural unfairness, the appeal bundle was served in accordance with practice directions and the applicant was not prejudiced by lack of representation or language assistance, so there was no realistic prospect of success on judicial review.
28 Jun 2019

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

Citation

[2019] HKCFI 1610
Court

Court of First Instance
Case number

HCAL363/2018

The renewed application for leave was dismissed because the applicant failed to show good reason for a repeat application, the matters now relied on were not new and could have been raised in the earlier leave application which was already considered under the correct heightened standard; the repetition constituted an abuse of process and there was no basis to revisit the Board's decision.
28 Jun 2019

CHAYAL MAHABUB v. GREGORY BROCK, ESQ. [Decision on Leave Application]

Citation

[2019] HKCFI 1612
Court

Court of First Instance
Case number

HCAL598/2017

The second application for leave was dismissed because the grounds raised had been or could have been raised in the earlier leave application; the applicant failed to show good reason for a renewed application and the repetition constituted an abuse of process, so the court must not reconsider matters already determined by the previous judicial review decision.
30 Jan 2019

MOZAMMEL v. DIRECTOR OF IMMIGRATION AND ANOTHER [Decision on Leave Application]

Citation

[2019] HKCFI 206
Court

Court of First Instance
Case number

HCAL698/2018

Leave was refused because the Adjudicator's findings that the applicant was not in genuine fear were supported by the applicant's long unexplained delay and absence of evidence of state acquiescence; the Adjudicator properly considered state protection and internal relocation and made no error of law or procedural unfairness, so the decision was not Wednesbury unreasonable and the applicant's grounds were not reasonably arguable.
29 Oct 2018

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

Citation

[2018] HKCFI 2334
Court

Court of First Instance
Case number

HCAL132/2018

Leave to apply for judicial review was refused because the applicant's complaints were not reasonably arguable: the Adjudicator afforded the required high standard of fairness, there was no error of law or procedural unfairness, no Wednesbury unreasonableness, and no realistic prospect of success on judicial review.

Hong Kong Case Law

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

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

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

CHAYAL MAHABUB v. GREGORY BROCK, ESQ. [Decision on Leave Application]

MOZAMMEL v. DIRECTOR OF IMMIGRATION AND ANOTHER [Decision on Leave Application]

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