Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Country of origin information (coi) reliance

  • 19 Mar 2026

    PHAM THI HUE v. TORTURE CLAIMS APPEAL BOARD

    Citation
    [2026] HKCA 350
    Court
    Court of Appeal
    Case number
    CAMP49/2024

    Leave to appeal was refused because the applicant showed substantial unexplained delay with feeble excuses, failed to file required written submissions, raised only general and irrelevant allegations without particulars, identified no question of great general or public importance under s 22(1)(b), and the intended appeal had no reasonable prospect of success.

    • Leave to appeal
    • Delay and extension of time
    • Procedural fairness
    • Irrationality review
    • Country of origin information (coi) reliance
    • Reasonable prospect of success

  • 5 May 2023

    RE NILA MST KHALEDA KAISARI

    Citation
    [2023] HKCA 575
    Court
    Court of Appeal
    Case number
    CACV26/2023

    The applicant failed to identify any error of law, procedural unfairness or irrationality in the Board’s decision or in the Judge’s refusal of leave; the Board’s adverse credibility findings and risk assessment were within its fact‑finding province and not Wednesbury unreasonable, therefore leave to apply for judicial review was properly refused and the appeal is dismissed.

    • Leave to apply for judicial review
    • Procedural fairness
    • Credibility findings
    • Wednesbury irrationality
    • Country of origin information (coi) reliance

  • 7 Dec 2021

    RE AL AMIN SHAK MOHAMMAD

    Citation
    [2021] HKCA 1827
    Court
    Court of Appeal
    Case number
    CACV228/2021

    The application for leave to appeal was dismissed because there was no reasonable prospect of success in the intended appeal and no question of great general or public importance under s22(1)(b) Cap 484; accordingly leave to appeal to the Court of Final Appeal was refused.

    • Non-refoulement
    • Leave to appeal to court of final appeal
    • Procedural fairness
    • Credibility assessment
    • Country of origin information (coi) reliance

  • 22 Jun 2021

    SHAH ZAKIR v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

    Citation
    [2021] HKCFI 1779
    Court
    Court of First Instance
    Case number
    HCAL1416/2019

    The leave application was dismissed because the applicant failed to identify any reasonably arguable legal error, irrationality or procedural unfairness in the Director's and Board's decisions; both decision-makers reasonably found low risk given lack of specific targeting, available state protection and viable internal relocation as supported by COI, and the applicant's grounds were vague and not particularized.

    • Non-refoulement
    • Torture
    • Hong kong bill of rights articles 2 and 3
    • Internal relocation
    • Procedural fairness
    • Wednesbury unreasonableness

  • 27 Feb 2019

    RE ASLAM MOHAMMAD

    Citation
    [2019] HKCA 211
    Court
    Court of Appeal
    Case number
    CACV288/2018

    Leave to appeal was refused because the applicant failed to identify any question of great general or public importance and did not advance any reasonably arguable legal basis under the 'otherwise' limb of s22(1)(b) Cap 484; the grounds did not sufficiently challenge the judge's analysis or establish bias or legal error.

    • Leave to appeal
    • Public importance test
    • Bias
    • Country of origin information (coi) reliance

  • 3 Dec 2018

    RE HOSSAIN MD FARUK

    Citation
    [2018] HKCA 839
    Court
    Court of Appeal
    Case number
    CAMP94/2018

    The application to extend time to appeal was refused because the applicant was late by about one month, provided no explanation for the delay, gave no proposed grounds or particulars demonstrating any realistic prospect of success, and the leave judge correctly found no error of law or procedural unfairness in the decisions of the Director and the Board; absence of prospects of success is decisive against granting an extension of time.

    • Non-refoulement
    • Leave to apply for judicial review
    • Extension of time to appeal
    • Credibility findings
    • Country of origin information (coi) reliance
    • Internal relocation

  • 27 Sept 2018

    RE REDAY KRITTNIA

    Citation
    [2018] HKCA 615
    Court
    Court of Appeal
    Case number
    CACV164/2018

    Leave to apply for judicial review was properly refused because the applicant's grounds were broad and lacking particulars, the Board's and Director's reliance on COI and assessment of low risk and availability of state protection and internal relocation were not shown to contain legal error or procedural unfairness, and there was no realistic prospect of success such as would justify granting leave; judicial review is supervisory and not a rehearing of the merits.

    • Non-refoulement
    • Judicial review
    • Leave to apply for judicial review
    • Country of origin information (coi) reliance
    • Procedural compliance (skeleton argument)
    • Standard of review