Hong Kong Case Law: Decisions & Judgments

Topic

Honour killing

Legal area

Court

17 Nov 2022

WARTINI FICKY AHMEED KHAN a minor, by next friend and legal guardian v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE

Citation

[2022] HKCA 1709
Court

Court of Appeal
Case number

CACV82/2022

The Board's decision in respect of the 2nd applicant was vitiated by failure to consider his claim separately; leave to appeal and to amend were granted, the Board's decision of 19 July 2018 was quashed insofar as it related to the 2nd applicant and the matter remitted to the Board differently constituted. The 1st applicant's intended appeal lacked reasonably arguable grounds and there was no public law error in the Board's reasoning as to protection and internal relocation, so her extension of time was refused.
22 Jun 2022

USMAN JAVED v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE [Decision on Leave Application]

Citation

[2022] HKCFI 1862
Court

Court of First Instance
Case number

HCAL816/2020

The court refused leave because the Board had correctly identified and applied the law, made fact findings (that honour killing was outlawed since 2016, shame was minimal, lapse of 14 years and deterrence reduced risk, and the rape allegation was unproven) that were not vitiated by error of law, procedural unfairness or irrationality; the Applicant's grounds were not reasonably arguable and there was no realistic prospect of success. The Withdrawal Application was refused because the Applicant had not shown his decision to withdraw was an informed bona fide decision, but no order was made on…
27 Nov 2018

RE ALI ZULFIQAR

Citation

[2018] HKCA 873
Court

Court of Appeal
Case number

CACV343/2018

The Court dismissed the appeal and affirmed the refusal of leave because the applicant failed to demonstrate any arguable public law error: there is no absolute right to legal representation, interpreter services or a further oral hearing; the applicant had opportunity to present evidence; the Director's reliance on COI was not shown to be improper; the Board reasonably found internal relocation in Pakistan viable; and new substantive grounds raised on appeal were not raised below and could not form basis for leave.

Hong Kong Case Law

WARTINI FICKY AHMEED KHAN a minor, by next friend and legal guardian v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE

USMAN JAVED v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE [Decision on Leave Application]

RE ALI ZULFIQAR