Hong Kong Case Law: Decisions & Judgments

Topic

Absence at hearing

Legal area

Court

29 Jul 2025

TAMANG JYOTI v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

Citation

[2025] HKCFI 3262
Court

Court of First Instance
Case number

HCAL914/2020

The leave application is dismissed because it was filed well outside the statutory three‑month period without satisfactory explanation and, on the merits, the Board's decision was lawfully reached after proper notice and scrutiny of evidence and contained no error of law, procedural unfairness or irrationality; the claim lacked realistic prospects of success.
18 Jul 2023

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

Citation

[2023] HKCFI 1793
Court

Court of First Instance
Case number

HCAL958/2019

The Board was entitled to hear and determine the appeal in the applicant's absence because notices were properly sent and there was good reason to reject the applicant's explanation; the Board's findings that the risks were low, state protection was available and internal relocation was viable were within its fact-finding province and not legally flawed, procedurally unfair or Wednesbury unreasonable; accordingly the applicant has no realistic prospect of success and leave to apply for judicial review is refused.
6 Oct 2021

謝瑛明對社署梁松泰羅翠微歐陽穎儀徐寶珠曾昭英及其他人

Citation

[2021] HKCFI 2977
Court

Court of First Instance
Case number

HCMP559/2021

The applicant's allegations were unsubstantiated and the absences were attributable to defective service; there was no basis to vary the interim costs order; costs should follow the result, therefore the applicant must pay the costs previously ordered and the interim costs order is made final.
25 Nov 2020

RE ZUBAIR MUHARRAM

Citation

[2020] HKCFI 2869
Court

Court of First Instance
Case number

HCAL1452/2018

Extension of time refused because the applicant was late by about three weeks without a satisfactory explanation, the Judge's order and Form CALL-1 were properly served, and the intended appeal had no reasonable prospect of success as the applicant's grounds were irrelevant or unarguable and the Board's decision superseded the Director's decision; accordingly the summons for extension of time is dismissed.

Hong Kong Case Law

TAMANG JYOTI v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

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

謝瑛明 對 社署梁松泰羅翠微歐陽穎儀徐寶珠曾昭英及其他人

RE ZUBAIR MUHARRAM

謝瑛明對社署梁松泰羅翠微歐陽穎儀徐寶珠曾昭英及其他人