Hong Kong Case Law: Decisions & Judgments

Topic

Withdrawal and re-opening of claims

Legal area

Court

11 Nov 2025

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

Citation

[2025] HKCFI 5153
Court

Court of First Instance
Case number

HCAL1153/2020

The application for extension of time was refused because the applicant filed more than three months late without explanation, and her proposed challenge to the Board's application of section 37ZE had no realistic prospect of success; therefore leave was refused and the judicial review dismissed.
4 Aug 2023

MAMDOUH RABIE MOHAMED SALEH v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

Citation

[2023] HKCFI 2017
Court

Court of First Instance
Case number

HCAL257/2023

The application for extension of time and leave to apply for judicial review was refused because the applicant was inordinate and substantially out of time (over five years), provided no satisfactory explanation or documentary evidence of special circumstances to justify the delay, failed to discharge statutory duties to return the claim form, and failed to identify any arguable legal error, irrationality or procedural unfairness in the Board's decision to refuse late filing; accordingly there was no prospect of success.
30 Jun 2021

HINCAPIE ALZATE GILBERTO v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

Citation

[2021] HKCFI 1906
Court

Court of First Instance
Case number

HCAL258/2021

The court refused to extend time and dismissed the leave application because the applicant was more than two years four months late without adequate explanation, the intended challenge lacked any prospect of success as the Director and Board reasonably found that the applicant’s fear and conduct did not amount to circumstances beyond his control under s37ZG, and there was no error of law or procedural unfairness in the decisions below.

Hong Kong Case Law

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

MAMDOUH RABIE MOHAMED SALEH v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

HINCAPIE ALZATE GILBERTO v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]