Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Adverse credibility inference

Legal area

Court

13 May 2024

KOMPANNAGE CHANDRA FONSEKA v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE [Decision on Leave Application]

Citation

[2024] HKCFI 1163
Court

Court of First Instance
Case number

HCAL1310/2019

Leave was refused because the court found no arguable error of law, procedural unfairness or irrationality in the Board's decision: the Board permissibly considered the written materials, reasonably drew adverse inferences from the applicant's refusal to give oral evidence, and its findings that past ill-treatment was low intensity and that state protection and internal relocation were viable did not amount to Wednesbury unreasonableness.
27 Jun 2023

SARFRAZ v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE

Citation

[2023] HKCA 782
Court

Court of Appeal
Case number

CAMP115/2023

The application for extension of time was refused because the intended appeal had no realistic prospect of success: the applicant failed to identify any error in the Judge's refusal of leave or in the Board's decision, the adverse credibility inference from the applicant's refusal to answer questions was lawful and justified by the statutory duty to cooperate, and no error of law, procedural unfairness or irrationality was shown.