Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Unified screening mechanism (screening and appeal)
  • 11 May 2018

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

    Citation
    [2018] HKCFI 999
    Court
    Court of First Instance
    Case number
    HCAL653/2017

    The applicant's grounds were not reasonably arguable: he failed to show prejudice from lack of later-stage legal representation or translation assistance, he did not provide additional facts for BOR2 after invitation, the Director's brief further decision was adequate when read with the earlier decision, and the Board and Director reached reasonable, lawful and procedurally fair conclusions; accordingly leave to apply for judicial review was refused.

    • Non-refoulement
    • Torture
    • Cruel, inhuman or degrading treatment or punishment (cidtp)
    • Right to life (bor2)
    • Unified screening mechanism (screening and appeal)
    • Procedural fairness