Hong Kong Case Law: Decisions & Judgments

Topic

Child asylum claims

Legal area

Court

8 Aug 2024

HUA THI HUONG AND ANOTHER v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE [Decision on Leave Application]

Citation

[2024] HKCFI 1928
Court

Court of First Instance
Case number

HCAL1210/2019

Leave to apply for judicial review was granted because the Board's decision failed to give separate consideration to the minor applicant's claim, which is an error of law under established authority; that failure gives the applicants a realistic prospect of success and therefore justifies leave.
10 Oct 2023

BOOL LORENZA ATIENZA AND OTHERS v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE [Decision on Leave Application]

Citation

[2023] HKCFI 2487
Court

Court of First Instance
Case number

HCAL925/2019

Leave was refused because the applicants had no realistic prospect of success: the Board's adverse credibility findings, conclusions on availability of state protection and viability of internal relocation were not shown to be legally flawed, and there were no separate non-refoulement grounds specific to the children that would amount to procedural unfairness or error of law warranting judicial review.
28 Jun 2023

EMIL FARAG GIRGIS MEAWD AND OTHERS v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE [Decision on Leave Application]

Citation

[2023] HKCFI 1692
Court

Court of First Instance
Case number

HCAL714/2019

Leave to amend Form 86 was granted but the application for leave to apply for judicial review was dismissed because the Board’s credibility findings and assessment of evidence were within its fact‑finding remit, there was no error of law or Wednesbury unreasonableness, the applicants were legally represented so the Board had no duty to investigatively elicit child‑specific matters, and the reasons given were adequate in context.
15 Dec 2022

YUYUN AND ANOTHER v. TORTURE CLAIMS APPEAL BOARD/NON-REFOULMENT CLAIMS PETITION OFFICE

Citation

[2022] HKCA 1812
Court

Court of Appeal
Case number

CAMP234/2022

Extension of time to appeal was refused because the applicants failed to identify any viable ground of appeal or any error of law, procedural unfairness or irrationality in the Board's decision; the intended appeal had no realistic prospect of success and the 2nd applicant's claim was derivative of the 1st applicant's claim with no distinct child-specific grounds shown.
4 Mar 2021

RE KHANAM MASUMA AND ANOTHER

Citation

[2021] HKCA 226
Court

Court of Appeal
Case number

CAMP285/2019

The application for leave to appeal out of time was refused because the applicants failed to show good and sufficient grounds to extend time under section 24(5) HKCFAO: a one‑month delay beyond the 28‑day statutory limit was significant, the applicants failed to provide a satisfactory explanation (duty to provide a proper address), and there were no reasonably arguable grounds of appeal or prospects of success (the Board had properly considered state protection, internal relocation and the minor’s claim); consequently there was no reason to grant an extension or leave to appeal.
14 Jan 2021

RE SITI NAISAH AND ANOTHER

Citation

[2021] HKCA 33
Court

Court of Appeal
Case number

CAMP101/2020

The court refused extension for the 1st applicant because her intended judicial review had no reasonable prospect of success and extension would be futile; the court granted extension for the 2nd applicant because it was reasonably arguable that the Board failed to assess the child's claim separately and that absence of legal representation for a child arguably amounted to procedural unfairness, giving the 2nd applicant a reasonable prospect of success on judicial review.

Hong Kong Case Law

HUA THI HUONG AND ANOTHER v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE [Decision on Leave Application]

BOOL LORENZA ATIENZA AND OTHERS v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE [Decision on Leave Application]

EMIL FARAG GIRGIS MEAWD AND OTHERS v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE [Decision on Leave Application]

YUYUN AND ANOTHER v. TORTURE CLAIMS APPEAL BOARD/NON-REFOULMENT CLAIMS PETITION OFFICE

RE KHANAM MASUMA AND ANOTHER

RE SITI NAISAH AND ANOTHER