Hong Kong Case Law: Decisions & Judgments

Topic

Asylum/refugee claims

Legal area

Court

13 Apr 2023

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

Citation

[2023] HKCFI 843
Court

Court of First Instance
Case number

HCAL1062/2019

Extension of time was refused because the applicant was more than three months late, offered no valid or persuasive reason for the delay (non-receipt not established despite decision being posted), and the intended appeal had no realistic prospect of success given the Board's adverse credibility findings and lack of supporting evidence.
28 Oct 2022

RE NGUYEN THI NGUYEN

Citation

[2022] HKCA 1537
Court

Court of Appeal
Case number

CACV176/2022

The application for leave to appeal was dismissed because the applicant failed to show that the intended appeal raised any question of great general or public importance under s22(1)(b) Cap 484 and also failed to demonstrate any prospects of success; determination on the papers was appropriate under Practice Direction 2.1.
16 Mar 2015

HKSAR v. VU THANG DUONG

Citation

HKSAR v. VU THANG DUONG
Court

Court of First Instance
Case number

HCMP249/2015

Bail was granted because, on the facts, the applicants had been held in remand for an unreasonable and inordinate period relative to the non-violent nature of the charges and the status of the criminal proceedings; the applicants demonstrated the ability to comply with appropriate conditions (residential address, reporting, surrender of travel documents), and those factors outweighed the risks relied on by prosecution. The court held it may take into account the merits of a non-refoulement claim if the nature of the claim is ascertainable, but need not do so where delay and remand length just…

Hong Kong Case Law

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

RE NGUYEN THI NGUYEN

HKSAR v. VU THANG DUONG