27 Oct 2025
BALJIT KAUR AND ANOTHER v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE [Decision on Leave Application]
- Citation
- [2025] HKCFI 4910
- Court
- Court of First Instance
- Case number
- HCAL1453/2021
The leave applications are dismissed because the Forms 86 and supporting materials failed to identify any reasonably arguable public law ground against the Board's factual findings, the Board applied the law correctly and fairly, and the mother's sworn withdrawal on behalf of the minors was voluntary; therefore there were no realistic prospects of success to justify granting leave.
- Leave to apply for judicial review
- Standard of review for factual findings
- Procedural fairness
- Form 86 disclosure obligations
- Withdrawal of proceedings by minors' next friend
- Order 80 next friend regime