Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Children's non-refoulement claims

Legal area

Court

13 Dec 2021

NOVI AZIZAH AND OTHERS v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE

Citation

[2021] HKCA 1910
Court

Court of Appeal
Case number

CACV289/2021

The judge correctly applied the established four-factor test for extension of time and lawfully refused an extension and leave as to A1 because the delay was substantial, there were no good reasons for delay and the intended judicial review lacked merit given the Board's credibility findings and state protection/internal relocation conclusions; however, the court identified that the minors' claims (A2-A4) raised potentially distinct statelessness issues not properly explored and therefore adjourned those appeals for further argument within three months to allow focused consideration of minor-…
22 Apr 2021

RE RUSTAM KHAN AND ANOTHER

Citation

[2021] HKCA 512
Court

Court of Appeal
Case number

CACV269/2020

The Court dismissed the appeal because the applicants failed to demonstrate any error of law, procedural unfairness or irrationality in the Board's decision; the Board's adverse credibility findings and conclusion that internal relocation and state/NGO support made refoulement non‑risky were reasonable; no BOR 2 risk was established; and the minor's lack of representation was a mere irregularity given the absence of merit in his separate claim.