Hong Kong Case Law: Decisions & Judgments

Topic

Judicial review standards

Legal area

Court

19 May 2026

MAHAL HARPREET SINGH v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

Citation

[2026] HKCFI 2792
Court

Court of First Instance
Case number

HCAL3/2021

Leave was refused because the Applicant failed to identify any reasonably arguable error of law, procedural unfairness or Wednesbury irrationality in the Director's and Board's decisions; the Board reasonably found the risk to be a localized private dispute, reasonably assessed credibility, and properly concluded state protection and internal relocation were available such that there was no realistic Article 3 or persecution risk warranting non-refoulement protection.
15 May 2026

ALI HASSAN v. TORTURE CLAIMS APPEAL BOARD

Citation

[2026] HKCA 875
Court

Court of Appeal
Case number

CACV745/2025

The appeal was dismissed because the applicant failed to particularise any viable ground to overturn the Deputy High Court Judge's refusal of leave; the grounds filed were general allegations without particulars and did not identify error in the judge's decision, and on that basis the judge's order refusing leave is affirmed.
30 Apr 2026

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

Citation

[2026] HKCFI 2399
Court

Court of First Instance
Case number

HCAL324/2022

Extension of time was refused and leave dismissed because the applicant offered no explanation for the approximately two month delay, failed to identify any arguable public law grounds, the Boards decision contained no demonstrable error of law, procedural unfairness or irrationality in its adverse credibility findings and conclusions on state protection and internal relocation, and allowing the application would prejudice proper administration without any countervailing public importance.
30 Apr 2026

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

Citation

[2026] HKCFI 2290
Court

Court of First Instance
Case number

HCAL1402/2025

Leave was refused because the applicant failed to demonstrate any realistic prospect of success: the Board’s adverse credibility findings and conclusions that the claim was unsubstantiated, that state protection was available and that internal relocation was viable were within the Board’s fact-finding province and did not disclose error of law, procedural unfairness or irrationality.
17 Apr 2026

SAENG IN SUGANDA v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

Citation

[2026] HKCFI 2112
Court

Court of First Instance
Case number

HCAL756/2023

Leave was refused because the Applicant failed to identify any reasonably arguable error of law, irrationality or procedural unfairness in the Director's or Board's decisions; both bodies reasonably found the claim to be a private monetary dispute with low-intensity past ill-treatment, available state protection and reasonable internal relocation, and the Applicant did not present a proper ground for judicial review.
30 Mar 2026

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

Citation

[2026] HKCA 424
Court

Court of Appeal
Case number

CACV810/2025

The appeal is dismissed because the Applicant failed to identify or substantiate any viable error in the judge's refusal to grant leave; bare, unparticularized allegations do not constitute grounds to disturb the judge's order, and absent demonstrated errors of law, procedural unfairness or irrationality the Court will not re-open the Board's factual assessments.
23 Mar 2026

JAFAR TUFAIL v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE

Citation

[2026] HKCA 413
Court

Court of Appeal
Case number

CACV25/2026

The appeal is dismissed because the applicant failed to identify specific errors of law, procedural unfairness or irrationality in the Judge's Leave Decision; general assertions without particulars cannot sustain an appeal and do not justify judicial review of the Board's merits-based determinations.
5 Mar 2026

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

Citation

[2026] HKCFI 1329
Court

Court of First Instance
Case number

HCAL696/2021

Leave refused because the Board’s Decision correctly applied the law, observed procedural fairness, and its adverse credibility findings were supported by substantial discrepancies; no arguable error of law, procedural unfairness or irrationality was identified such that judicial review could succeed.
5 Mar 2026

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

Citation

[2026] HKCFI 1330
Court

Court of First Instance
Case number

HCAL705/2021

Leave was refused because the applicant failed to identify any arguable error of law, procedural unfairness or irrationality; the Board's adverse credibility and factual findings were open to it and the proposed judicial review had no realistic prospect of success.
23 Feb 2026

RE ABID HUSNAIN

Citation

[2026] HKCA 138
Court

Court of Appeal
Case number

CACV1197/2025

The appeal is dismissed because the applicant failed to particularise any viable ground to challenge the Judge's refusal of leave; factual determinations by the Board are not reviewable absent public law error, and the applicant's bare assertions were insufficient to establish such error.