Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Wednesbury irrationality/unreasonableness

Legal area

Court

11 Aug 2025

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

Citation

[2025] HKCFI 3449
Court

Court of First Instance
Case number

HCAL1135/2020

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 had considered the evidence and country information, applied the correct legal principles under the Unified Screening Mechanism, made supported factual findings that the claim was a private financial dispute and that internal relocation was available, so there was no basis for judicial review.
15 Jul 2025

MANDEEP SINGH v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

Citation

[2025] HKCFI 2952
Court

Court of First Instance
Case number

HCAL930/2020

The leave application was dismissed because it was filed substantially out of time without an acceptable explanation and because the intended judicial review disclosed no reasonably arguable grounds — the Board's decision involved credibility and fact‑finding within its primary domain and contained no errors of law, procedural unfairness or irrationality.