Hong Kong Case Law: Decisions & Judgments

Topic

Country guidance

Legal area

Court

28 Feb 2018

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

Citation

[2018] HKCFI 151
Court

Court of First Instance
Case number

HCAL367/2017

The court granted leave to apply for judicial review because the applicant raised reasonably arguable errors of law and unfairness: specifically the TCAB's failure to properly apply or explain departure from MN country guidance on Ahmadis, apparent cherry‑picking of COI, and legal error in treating persecution assessment as virtually the same as BOR3 including an erroneous requirement of past severe harm and improper reliance on s37ZD and credibility to defeat the persecution claim; these issues justify judicial review though no substantive determination on merits was made.
28 Feb 2018

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

Citation

[2018] HKCFI 152
Court

Court of First Instance
Case number

HCAL394/2017

Leave to apply for judicial review was granted because the applicant established reasonably arguable grounds: (1) that the TCAB may have failed to apply or properly engage with UK country guidance (MN) on Ahmadis; (2) that the adjudicator may have cherry‑picked COI and failed to give adequate reasons for adverse credibility findings relevant to persecution risk; and (3) that the adjudicator may have erred by using illegal entry and s37ZD as adverse credibility factors when assessing persecution risk; extension of time was granted because the delay was short, the applicant acted proactively, a…

Hong Kong Case Law

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

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