Hong Kong Case Law: Decisions & Judgments

Topic

Appeal board decision

Legal area

Court

11 Dec 2025

KHAN NAHEED v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE [Decision on Leave Application]

Citation

[2025] HKCFI 6031
Court

Court of First Instance
Case number

HCAL507/2021

The court amended Form 86 to name the TCAB as putative respondent and the DOI as putative interested party and dismissed the application for leave to apply for judicial review because the Applicant withdrew the application after obtaining a Hong Kong identity card and there was nothing outstanding, with the DOI Decision in any event superseded by the TCAB Decision.
12 Sept 2023

KHAN SAWAN v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE [Decision on Leave Application]

Citation

[2023] HKCFI 2313
Court

Court of First Instance
Case number

HCAL2029/2020

The applicant voluntarily withdrew his application for leave to apply for judicial review and, following Re Manik Md Mahamudun Nabi [2022] HKCA 471, because nothing remained outstanding in the action the correct disposition was to dismiss the application.
21 Jun 2018

MR. NAHAR SINGH v. DIRECTOR OF IMMIGRATION [Decision on Leave Application]

Citation

[2018] HKCFI 1387
Court

Court of First Instance
Case number

HCAL601/2017

The application for leave was dismissed because the Appeal Board had carefully scrutinised the applicant, found him an unreliable witness, and none of the asserted non-refoulement grounds were substantiated; accordingly there was no arguable ground for judicial review.
8 Oct 2008

ARTHUR LOH KOK CHEONG AND ANOTHER v. APPEAL BOARD UNDER THE SMOKING (PUBLIC HEALTH) ORDINANCE AND ANOTHER

Citation

ARTHUR LOH KOK CHEONG AND ANOTHER v. APPEAL BOARD UNDER THE SMOKING (PUBLIC HEALTH) ORDINANCE AND ANOTHER
Court

Court of First Instance
Case number

HCAL16/2008

The Appeal Board applied an incorrect and unduly narrow approach by focusing on discrete periods and types of food rather than assessing what each establishment held itself out to be doing as a whole; turnover evidence may be relevant but is not determinative; Appeal Board's reasons were inadequate, rendering its decisions unlawful and liable to be quashed and remitted for reconsideration.

Hong Kong Case Law

KHAN NAHEED v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE [Decision on Leave Application]

KHAN SAWAN v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE [Decision on Leave Application]

MR. NAHAR SINGH v. DIRECTOR OF IMMIGRATION [Decision on Leave Application]

ARTHUR LOH KOK CHEONG AND ANOTHER v. APPEAL BOARD UNDER THE SMOKING (PUBLIC HEALTH) ORDINANCE AND ANOTHER