Hong Kong Case Law: Decisions & Judgments

Topic

Language assistance/translation

Legal area

Court

17 Sept 2021

RE JIM BAHADAUR GARBUJA AND ANOTHER

Citation

[2021] HKCA 1347
Court

Court of Appeal
Case number

CACV624/2020

The Court concluded the judge did not err in refusing leave: applicants failed to identify any legal error or procedural unfairness or show specific prejudice from lack of legal representation or translation; their complaints were speculative or fact-sensitive matters for the Director/Board and judicial review is not a rehearing of those factual assessments, therefore there was no prospect of success and leave was properly refused.
21 May 2021

GURPREET SINGH v. TORTURE CLAIMS APPEAL BOARD

Citation

[2021] HKCA 738
Court

Court of Appeal
Case number

CAMP168/2020

Leave to appeal was refused because the applicant failed to demonstrate any reasonably arguable ground or prospect of success in the intended appeal, his complaints about lack of language/legal assistance were considered and rejected by the Court of Appeal, his remaining submissions were bare assertions without particulars or evidence, and he failed to identify any question of great general or public importance under s22(1)(b) Cap 484.
29 Apr 2019

RE PEPITO JENETH TANURA AND OTHERS

Citation

[2019] HKCA 449
Court

Court of Appeal
Case number

CAMP159/2018

The Court refused to extend time and refused leave to appeal because the application was more than two months out of time with no adequate explanation, the alleged procedural complaints were not reasonably arguable and the intended judicial review had no prospect of success, so the statutory threshold for granting leave to appeal under s14AA was not met.
23 Feb 2018

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

Citation

[2018] HKCFI 288
Court

Court of First Instance
Case number

HCAL393/2017

Leave was refused because the applicant's grounds were not reasonably arguable and there was no realistic prospect of success: the adjudicator lawfully and carefully assessed the evidence under the correct legal tests, found available state protection and internal relocation viable, identified no Convention reason for persecution, found no minimum level of severity for CIDTP/torture, and there was no procedural unfairness or error of law (including no miscarriage from lack of legal representation or translation).

Hong Kong Case Law

RE JIM BAHADAUR GARBUJA AND ANOTHER

GURPREET SINGH v. TORTURE CLAIMS APPEAL BOARD

RE PEPITO JENETH TANURA AND OTHERS

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