Hong Kong Case Law: Decisions & Judgments

Topic

Judicial review leave refusal

Legal area

Court

24 Jun 2025

OFOR IKECHUKWU MICHAEL alias RABE LAWAN v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE

Citation

[2025] HKCA 581
Court

Court of Appeal
Case number

CACV371/2023

Leave to appeal to the Court of Final Appeal was refused because the applicant failed to identify any error in the Court of Appeal's decision and failed to show any question of great general or public importance under s22(1)(b), and there was no basis under the 'or otherwise' limb to grant leave; the Registrar's direction that the motion be determined on paper under Practice Direction 2.1 was appropriate.
3 Jan 2025

TRI ASTUTI v. TORTURE CLAIMS APPEAL BOARD

Citation

[2025] HKCFI 131
Court

Court of First Instance
Case number

HCAL1282/2024

The court exercised its discretion to extend time because the delay was only one day (insignificant), the applicant's medical circumstances as accepted previously provided an adequate reason, and there was no demonstrated prejudice to the respondent; accordingly time was extended to enable the applicant to file a notice of appeal within 14 days of the decision dated 3 January 2025.
3 Aug 2023

RE NAWAZ RAB

Citation

[2023] HKCA 918
Court

Court of Appeal
Case number

CACV491/2022

The statutory test in s.22(1)(b) was not met because the issues raised were confined to the applicant's individual case and did not involve questions of great general or public importance; the written submissions lacked merit and there was no basis under the 'or otherwise' limb to grant leave, therefore the Notice of Motion for leave to appeal to the Court of Final Appeal is dismissed.
26 May 2022

RE WARIYANI WASITO

Citation

[2022] HKCA 762
Court

Court of Appeal
Case number

CACV379/2021

Leave to appeal to the Court of Final Appeal was refused because the applicant failed to identify any question of great general or public importance under section 22(1)(b) of the Ordinance and there was no basis under the 'or otherwise' limb to grant leave.
29 Apr 2022

RE JAGTAR SINGH

Citation

[2022] HKCA 594
Court

Court of Appeal
Case number

CACV128/2021

The applicant failed to identify any question of great general or public importance under section 22(1)(b) and there was no basis under the 'or otherwise' limb; therefore leave to appeal to the Court of Final Appeal was refused.
29 Dec 2021

HOQUE AHIDUL v. TORTURE CLAIMS APPEAL BOARD

Citation

[2021] HKCA 1980
Court

Court of Appeal
Case number

CACV338/2021

Leave to appeal was refused because the applicant failed to identify any question of great general or public importance in the proposed appeal and no basis was shown under the "otherwise" limb of s 22(1)(b), so the Court exercised its discretion to dismiss the application for leave.
20 Aug 2021

RE NIRMAL SINGH

Citation

[2021] HKCA 1208
Court

Court of Appeal
Case number

CAMP57/2021

The application for leave to appeal was refused because the applicant failed to identify any question of great general or public importance and no basis under the 'otherwise' limb of section 22(1)(b) Cap.484 was shown; statutory requirements for granting leave were not met.
11 Jun 2021

RE IMPERIAL SHERYLL BARRIGA

Citation

[2021] HKCA 842
Court

Court of Appeal
Case number

CACV226/2020

Leave to appeal to the Court of Final Appeal was refused because the applicant failed to identify any specific errors in the Court of Appeal's judgment and did not establish any question of great general or public importance under s22(1)(b) Cap 484, rendering the application without merit.
19 Nov 2020

RE WALGAMPOLAGE SIRINUWAN OSADA BUDDHIKA PERERA

Citation

[2020] HKCFI 2848
Court

Court of First Instance
Case number

HCAL858/2017

Extension of time was granted because the short delay (11 days) was excused by non-receipt of the decision (returned undelivered), the applicant obtained the decision from the Registry on 3 July 2019 and promptly issued the summons on 8 July 2019, and no prejudice to the respondent was shown; accordingly an extension to file the notice of appeal within 14 days of the order was appropriate.
23 Apr 2020

RE AWOLOR ANTHONY TOYIN

Citation

[2020] HKCA 103
Court

Court of Appeal
Case number

CAMP146/2019

The applicant did not identify any question of great general or public importance under section 22(1)(b) HKCFAO, nor any basis under the 'or otherwise' limb, and therefore leave to appeal to the Court of Final Appeal was refused.