Hong Kong Case Law: Decisions & Judgments

Topic

Torture prevention

Legal area

Court

31 Jul 2025

SUKHCHAIN SINGH v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE

Citation

[2025] HKCFI 2838
Court

Court of First Instance
Case number

HCAL450/2025

Leave was refused because the applicant failed to demonstrate a realistic prospect of success; his grounds were bare assertions without particulars; the Board's adverse credibility findings and conclusions that state protection and internal relocation were available fell within its fact‑finding remit and disclosed no error of law, procedural unfairness or irrationality.
10 Dec 2024

BUI THI KIM CUC v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE

Citation

[2024] HKCFI 3326
Court

Court of First Instance
Case number

HCAL1622/2020

Leave was refused because the applicant failed to identify any arguable error of law, procedural unfairness or irrationality in the Board's decision; the Board's adverse credibility and fact findings and its assessment that state protection and internal relocation were viable were within its fact‑finding remit and not susceptible to judicial review, so the applicant had no realistic prospect of success.
20 Apr 2021

SAMSIYAH SAMSUDIN v. TORTURE CLAIMS APPEAL BOARD AND ANOTHER [Decision on Leave Application]

Citation

[2021] HKCFI 1024
Court

Court of First Instance
Case number

HCAL1156/2018

There was no reasonably arguable legal error, procedural unfairness or irrationality in the Director’s or Board’s decisions; the risk to the Applicant and her son was properly assessed as low with state protection and credible internal relocation available, so non-refoulement protection was not required and leave for judicial review was refused.
13 Jun 2019

MUHAMMAD IMRAN v. THE DIRECTOR OF IMMIGRATION AND ANOTHER [Decision on Leave Application]

Citation

[2019] HKCFI 806
Court

Court of First Instance
Case number

HCAL616/2018

Leave was refused because the applicant failed to identify any arguable legal error, irrationality or procedural unfairness in the Director's and the Board's decisions; their credibility findings, reliance on COI, assessment of state protection and internal relocation were lawful, reasonable and within their primary fact‑finding role, and judicial review cannot be used to re‑weigh those assessments.
30 Jul 2018

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

Citation

[2018] HKCFI 1677
Court

Court of First Instance
Case number

HCAL124/2018

Leave to apply for judicial review was refused because the Director and the Adjudicator reached reasonable, lawfully founded decisions based on the evidence; the applicant's complaints of procedural unfairness were unsubstantiated and incapable of undermining the decisions, and the application had no realistic prospects of success.
30 Jan 2018

HAIDER RAJA NOSHERWAN ALI v. DIRECTOR OF IMMIGRATION [Decision on Leave Application]

Citation

[2018] HKCFI 198
Court

Court of First Instance
Case number

HCAL57/2017

Leave refused because the Director and TCAB Adjudicator made permissible factual findings that the applicant failed to establish substantial grounds for a real risk of torture, CIDTP or persecution; credibility inconsistencies and lack of corroborative evidence justified rejecting the claim; alleged additional facts were not new and would not meet the threshold to demonstrate arguable error of law or unfairness.

Hong Kong Case Law

SUKHCHAIN SINGH v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE

BUI THI KIM CUC v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE

SAMSIYAH SAMSUDIN v. TORTURE CLAIMS APPEAL BOARD AND ANOTHER [Decision on Leave Application]

MUHAMMAD IMRAN v. THE DIRECTOR OF IMMIGRATION AND ANOTHER [Decision on Leave Application]

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

HAIDER RAJA NOSHERWAN ALI v. DIRECTOR OF IMMIGRATION [Decision on Leave Application]