Hong Kong Case Law: Decisions & Judgments

Topic

Judicial review procedure

Legal area

Court

6 May 2026

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

Citation

[2026] HKCFI 2572
Court

Court of First Instance
Case number

HCAL689/2024

The leave application was dismissed because the applicant validly applied to withdraw the application, there was no evidence the withdrawal was not voluntary, and there were no outstanding matters; precedent supports dismissal of the action in such circumstances rather than leaving it at large.
6 May 2026

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

Citation

[2026] HKCFI 2577
Court

Court of First Instance
Case number

HCAL2059/2024

The court refused the applicant's attempt to withdraw the leave application because it is inappropriate to leave the action at large and proceeded to dismiss the leave application on the ground that the applicant's asserted risk had been resolved and any remedy would be otiose; therefore granting leave would serve no practical purpose even if errors existed in the Board's decision.
29 Apr 2026

RE SOHAN LAL

Citation

[2026] HKCA 756
Court

Court of Appeal
Case number

CAMP60/2025

The reapplication for extension of time was refused because, although the delay was minimal (one day), the intended appeal advanced only vague, general and unsupported assertions and disclosed no viable ground to challenge the judge's refusal of leave; consequently there was no prospect of success and it was futile to grant an extension.
23 Apr 2026

MUNAWAROH SITI v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

Citation

[2026] HKCFI 2248
Court

Court of First Instance
Case number

HCAL1111/2023

Leave was refused because the applicant failed to identify any reasonably arguable legal error, irrationality or procedural unfairness in the Director's or Board's decisions; the Board's adverse credibility findings were supported by evidence and delay, the risks alleged were localized and internal relocation was reasonable, and the applicant's leave application did not present arguable grounds for judicial review.
17 Mar 2026

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

Citation

[2026] HKCFI 1505
Court

Court of First Instance
Case number

HCAL88/2022

The application for leave was dismissed because the applicant voluntarily filed an affirmation requesting cancellation and there were no outstanding matters, entitling the court to dismiss the application pursuant to Re Manik Md Mahamudun Nabi [2022] HKCA 471 [19(1)].
3 Mar 2026

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

Citation

[2026] HKCFI 1050
Court

Court of First Instance
Case number

HCAL11/2022

The court corrected the party names by amending Form 86; because the applicant voluntarily withdrew the leave application and there were no outstanding matters, the proper disposition was to dismiss the application.
11 Feb 2026

NNAEKPE EMMANUEL OKORO v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

Citation

[2026] HKCFI 872
Court

Court of First Instance
Case number

HCAL268/2021

The application for extension of time was refused because the applicant gave no good reason for his 13-day delay and, on the merits, there were no arguable errors of law or procedural unfairness in the Board's decision; the Board's adverse credibility findings and the availability of internal relocation meant there was no realistic prospect of success, so leave was refused and the application dismissed.
21 Jan 2026

IDA SULASTRI SUNARTO v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE [Decision on Leave Application]

Citation

[2026] HKCFI 243
Court

Court of First Instance
Case number

HCAL1203/2023

Because the applicant on her own motion withdrew the application for leave, there was nothing outstanding and no evidence the withdrawal was not voluntary, the proper disposal was to dismiss the application rather than leave the action at large.
8 Jan 2026

TRAN THI HUONG 對酷刑聲請上訴委員會／免遣返聲請呈請辦事處 [Decision on Leave Application]

Citation

[2026] HKCFI 175
Court

Court of First Instance
Case number

HCAL592/2025

The court accepted the applicant's evidence of changed circumstances and found the withdrawal voluntary and made with full knowledge of consequences; accordingly the court approved the withdrawal of the permission application, rendering the appeal board's decision final and vacating the permission application.
24 Dec 2025

RAHMAN MOHAMMAD MOTIAR v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE [Decision on Leave Application]

Citation

[2025] HKCFI 6318
Court

Court of First Instance
Case number

HCAL2395/2020

The court acceded to the applicant's express withdrawal on the ground that his issues were resolved; applying the authority that nothing remained outstanding, the application for leave to apply for judicial review was dismissed.