Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Torture and ill-treatment (bor 3)

  • 4 Nov 2025

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

    Citation
    [2025] HKCFI 2069
    Court
    Court of First Instance
    Case number
    HCAL231/2020

    The Leave Application was dismissed because the Board's Decision contained detailed, reasonable findings of fact and law that the Applicant had not established a real risk of persecution, torture or arbitrary deprivation of life; there was no procedural unfairness, error of law or irrationality to warrant judicial review, and the proposed JR was not reasonably arguable with realistic prospects of success.

    • Non-refoulement
    • Unified screening mechanism
    • Risk of persecution
    • Torture and ill-treatment (bor 3)
    • Right to life (bor 2)
    • Procedural fairness

  • 12 Sept 2024

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

    Citation
    [2024] HKCFI 2483
    Court
    Court of First Instance
    Case number
    HCAL850/2019

    The court found that while the Board did not, as a matter of law, apply res judicata to bind itself to the Director's first-tier decision, the Board's 2019 decision was defective for failing to make sufficient inquiries into the Bengali supporting documents and the post-departure incidents, failing to give adequate reasons for rejecting them and for not holding an oral hearing or other minimal inquiry where fairness and joint endeavour required it; accordingly the Applicant established arguable grounds of illegality and procedural unfairness and leave to apply for judicial review was granted.

    • Res judicata
    • Judicial review
    • Procedural fairness
    • Right to life (bor 2)
    • Torture and ill-treatment (bor 3)
    • Credibility assessment