Hong Kong Case Law: Decisions & Judgments

Topic

Internal relocation alternative

Legal area

Court

8 Apr 2026

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

Citation

[2026] HKCFI 1612
Court

Court of First Instance
Case number

HCAL1513/2021

Form 86 was amended to name the Board as putative respondent and the Director as putative interested party; the application for leave was dismissed because the applicant failed to plead any reasonable ground of judicial review and the Board's decision showed no illegality, irrationality or procedural impropriety after anxious scrutiny of credibility and delay issues.
3 Feb 2026

CHU VAN MANH v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE [Decision on Leave Application]

Citation

[2026] HKCFI 409
Court

Court of First Instance
Case number

HCAL1218/2021

The Board conducted an oral hearing and provided the Applicant opportunity to be heard; the Applicant failed to identify or evidence any denial of procedural fairness and offered no basis to disturb the Board's primary fact-finding or adverse credibility findings; given the absence of a credible factual basis and the Board's findings on state protection and internal relocation, the court dismissed the application for leave to apply for judicial review.
9 Sept 2025

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

Citation

[2025] HKCFI 4078
Court

Court of First Instance
Case number

HCAL700/2020

The leave application is dismissed because the Board's decision was reasoned and within the range of rational outcomes, the applicant failed to particularize arguable errors, the DI decision was superseded by the Board's decision, and there is no established duty to provide legal representation at all stages or to interpret the Board's decision post-disposal, so the proposed judicial review was not reasonably arguable.
1 Aug 2025

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

Citation

[2025] HKCFI 3254
Court

Court of First Instance
Case number

HCAL829/2020

The leave application was dismissed because the TCAB's adverse credibility and factual findings were supported by the evidence and amounted to a decision open to the tribunal; there was no identified error of law, procedural unfairness or irrationality in its assessment, and the UN General Comment cited did not prescribe a different legal approach applicable to the TCAB's credibility-based conclusion of no real risk.

Hong Kong Case Law

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

CHU VAN MANH v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE [Decision on Leave Application]

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

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