Hong Kong Case Law: Decisions & Judgments

Topic

Two-tier review system

Legal area

Court

5 Dec 2025

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

Citation

[2025] HKCFI 5363
Court

Court of First Instance
Case number

HCAL1715/2020

The application for leave is dismissed because the proposed judicial review is not reasonably arguable with a realistic prospect of success: the challenge to the Director is misconceived in light of the two‑tier USM, and the Board’s decision withstands enhanced scrutiny as it contained careful credibility findings supported by evidence, lawful application of the legal framework and no demonstrated error of law, irrationality or procedural unfairness.
26 Aug 2025

NGUYEN, THI THAO v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE [Decision on Leave Application]

Citation

[2025] HKCFI 3737
Court

Court of First Instance
Case number

HCAL599/2020

Leave to apply for judicial review is refused because the applicant failed to identify any reasonably arguable ground of review; the TCAB/NRCPO's assessment of credibility, risk and internal relocation fell within its primary fact-finding role and did not disclose procedural unfairness, error of law or Wednesbury irrationality; the two-tier system precludes direct challenge to the Director's decision in the absence of exceptional circumstances.
31 Jul 2025

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

Citation

[2025] HKCFI 3060
Court

Court of First Instance
Case number

HCAL752/2020

Leave to apply for judicial review was dismissed because the applicant failed to identify a reasonably arguable ground with a realistic prospect of success: the TCAB/NRCPO made detailed, open-to-it findings on credibility and risk which were not shown to be vitiated by procedural unfairness, error of law or irrationality, and the two-tier system and authorities mean no exceptional circumstances justified direct judicial review against the Director.
31 Jul 2025

LE, THI DUNG v. NON-REFOULEMENT CLAIMS PETITION OFFICE [Decision on Leave Application]

Citation

[2025] HKCFI 3064
Court

Court of First Instance
Case number

HCAL600/2020

Application dismissed because it was filed 25 months late with no explanation or good reason to extend time, the applicant failed to identify any reasonably arguable grounds for judicial review of the TCAB Decision, and the TCAB's findings on credibility, risk and state protection were adequately reasoned and within its evaluative province under the enhanced Wednesbury standard.
15 Jul 2025

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

Citation

[2025] HKCFI 2949
Court

Court of First Instance
Case number

HCAL681/2020

The application for leave was dismissed because the applicant failed to identify any reasonably arguable grounds of judicial review with a realistic prospect of success, there was undue delay beyond the 3-month limit without good reason to extend time, and the TCAB's findings on credibility and risk did not disclose legal error, procedural unfairness or irrationality warranting intervention.

Hong Kong Case Law

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

NGUYEN, THI THAO v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE [Decision on Leave Application]

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

LE, THI DUNG v. NON-REFOULEMENT CLAIMS PETITION OFFICE [Decision on Leave Application]

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