Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Torture and non-refoulement claims

Legal area

Court

17 Aug 2021

TRI ISTIKARINI AND ANOTHER v. TORTURE CLAIMS APPEAL BOARD/ NON-REFOULEMENT CLAIMS PETITION OFFICE [Decision on Leave Application]

Citation

[2021] HKCFI 2381
Court

Court of First Instance
Case number

HCAL792/2020

Leave to apply for judicial review was refused because both applicants failed to present reasonably arguable grounds: the adjudicator's adverse credibility findings were justified, there was no error of law or procedure, state protection and internal relocation were adequate, and there was no realistic prospect of success.
23 Apr 2018

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

Citation

[2018] HKCFI 809
Court

Court of First Instance
Case number

HCAL435/2017

Leave was refused because the applicant's Article 2 (HKBOR) claim was not reasonably arguable: he did not rely on Article 2 from the outset, provided no new relevant information, there was no necessity for a further interview or oral hearing, the adjudicator properly considered the material and applied a high standard of fairness, and the substantive decision met the enhanced Wednesbury standard.