Hong Kong Case Law: Decisions & Judgments

Topic

Irrationality/wednesbury unreasonableness

Legal area

Court

6 May 2026

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

Citation

[2026] HKCA 814
Court

Court of Appeal
Case number

CACV895/2025

The appeal is dismissed because the applicant failed to identify any error of law, procedural unfairness or irrationality in the Deputy High Court Judge's refusal to grant leave; the Court will not interfere with the Board's factual assessments absent such errors and therefore upholds the refusal of leave to apply for judicial review.
6 May 2026

RE ANACHEBE CHIBUZOR REUBEN

Citation

[2026] HKCA 902
Court

Court of Appeal
Case number

CAMP75/2024

The Notice of Motion for leave to appeal to the Court of Final Appeal was dismissed because the applicant failed to identify any question of great general or public importance under s22(1)(b) Cap 484, failed to provide particulars of alleged errors and failed to show any reasonably arguable ground or basis under the "otherwise" limb; accordingly no leave was granted.
27 Apr 2026

MADBAR ABDUL SALAM v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE [Decision on Leave Application]

Citation

[2026] HKCFI 2230
Court

Court of First Instance
Case number

HCAL1424/2021

The Applicant failed to identify any valid or reasonably arguable public law ground; the Board's factual findings and assessment of COI, state protection and internal relocation were within its province and not vitiated by error of law, procedural unfairness or irrationality; accordingly leave to apply for judicial review was refused.
27 Apr 2026

EKEJI GODFREY CHIBUIKE v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE [Decision on Leave Application]

Citation

[2026] HKCFI 2232
Court

Court of First Instance
Case number

HCAL259/2022

The Leave Application is dismissed because the Applicant failed to particularise effective public law grounds; the Board provided adequate, comprehensive reasons and legitimately rejected the Applicant's credibility and factual claims, and there is no identifiable error of law, procedural unfairness or irrationality that would make the application reasonably arguable.
21 Apr 2026

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

Citation

[2026] HKCA 630
Court

Court of Appeal
Case number

CACV943/2025

The application for leave to appeal to the Court of Final Appeal is dismissed because the applicant failed to identify any question of great general or public importance as required by s22(1)(b) Cap.484 and failed to demonstrate any error in the Court of Appeal's judgment, and there is no basis for leave under the 'otherwise' limb.
17 Mar 2026

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

Citation

[2026] HKCA 327
Court

Court of Appeal
Case number

CACV1254/2025

The appeal is dismissed because the Applicant failed to raise any viable ground to reverse the Deputy High Court Judge's refusal of leave; no error of law, procedural unfairness or irrationality in the Board's decision was demonstrated; new points not raised below cannot be advanced for the first time on appeal.
11 Feb 2026

MIA MD HANIF v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE [Decision on Leave Application]

Citation

[2026] HKCFI 738
Court

Court of First Instance
Case number

HCAL508/2021

The applicant's Form 86 failed to particularise grounds and disclose material facts, and on review the Board's decision showed no error of law, procedural unfairness or irrationality; accordingly leave to apply for judicial review is refused.
28 Jan 2026

KHAN NASIR v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

Citation

[2026] HKCFI 532
Court

Court of First Instance
Case number

HCAL359/2021

Leave refused because the applicant failed to identify reasonably arguable grounds or particulars and the court found no error of law, procedural unfairness or irrationality in the Board's credibility‑based findings; the incorrect description of the adjudicator's office was immaterial and did not nullify the decision.
21 Nov 2025

WIJEMUNI ROSHAN SANJEEWA GUNARATHNA v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE

Citation

[2025] HKCA 1045
Court

Court of Appeal
Case number

CAMP50/2025

The Notice of Motion for leave to appeal was dismissed because the applicant raised new grounds late and outside the time limits, failed to provide particulars or evidence to support the assertions, and did not identify any question of great general or public importance under s22(1)(b) warranting referral to the Court of Final Appeal.
6 Nov 2025

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

Citation

[2025] HKCFI 4563
Court

Court of First Instance
Case number

HCAL1797/2020

The application for leave to apply for judicial review is dismissed because the applicant failed to demonstrate any error of law, procedural unfairness or irrationality in the TCAB decision and did not establish a reasonably arguable claim with a realistic prospect of success; the TCAB had considered the evidence and applied the correct legal principles.