Hong Kong Case Law: Decisions & Judgments

Topic

Legal representation entitlement

Legal area

Court

11 Feb 2026

MUHAMMAD ASHFAQ v. TORTURE CLAIMS APPEAL BOARD

Citation

[2026] HKCFI 855
Court

Court of First Instance
Case number

HCAL2116/2025

Extension refused because applicant gave no valid explanation for delay (ignorance and imprisonment not sufficient), confirmed he had no additional information before the Board and did not seek adjournment, relied on fresh evidence not before the Board which is inadmissible at this stage, and there was no reasonable prospect of success in the intended appeal.
28 Jan 2026

BGOYA BENARD MUGISHA v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

Citation

[2026] HKCFI 615
Court

Court of First Instance
Case number

HCAL401/2021

Leave to apply for judicial review is refused because the applicant failed to particularize any arguable ground, filed the application in time (no extension required), the Board's Decision involved no error of law, procedural unfairness or irrationality after anxious scrutiny, and the court will not receive fresh evidence or delay the process absent proper grounds.
17 Dec 2025

FARHAD MOHAMMAD ABDUL KARIM v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

Citation

[2025] HKCFI 6168
Court

Court of First Instance
Case number

HCAL2146/2020

The applicant failed to advance a reasonably arguable claim with realistic prospects because his grounds were general assertions without particulars, the Board conducted a lawful and fair assessment of evidence and COI, and there was no error of law, procedural unfairness or irrationality in the Board's decision; accordingly leave to apply for judicial review is refused.
30 May 2025

RE SHAKEEL

Citation

[2025] HKCA 470
Court

Court of Appeal
Case number

CAMP180/2023

The application for extension of time to appeal was dismissed because the Judge's decision had been sent to the applicant's last known address (not returned), the applicant gave no reasonable explanation for delay or for not updating his address, and the intended appeal had no realistic prospect of success because no arguable error of law, procedural unfairness or Wednesbury unreasonableness was identified in the Board's or Judge's decisions.
12 Sept 2024

CELIS LEONORA SACOR v. DIRECTOR OF IMMIGRATION [Decision on Leave Application]

Citation

[2024] HKCFI 2281
Court

Court of First Instance
Case number

HCAL965/2024

The Director correctly found that the applicant did not demonstrate a significant change of circumstances or a realistic prospect of success because she relied on the same unsubstantiated reasons as in her previous claim; the applicant is not entitled to free legal representation at all stages as she asserted; permitting unrestricted further proceedings would constitute abuse of process, therefore leave is refused and a five‑year Restricted Proceedings Order is justified.
31 May 2019

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

Citation

[2019] HKCFI 1393
Court

Court of First Instance
Case number

HCAL1043/2018

Leave to apply for judicial review was refused because the Applicant's complaints were not reasonably arguable: the appeal bundle was served within the prescribed time, there was no procedural unfairness, the Adjudicator's adverse credibility and risk findings had a proper basis and were not Wednesbury unreasonable, and the Applicant had no realistic prospect of success.
26 Jul 2018

RE HASMI RIZWAN IMRAN

Citation

[2018] HKCA 439
Court

Court of Appeal
Case number

CACV79/2018

No extension of time or leave under s14AA was granted because the applicant failed to provide a good explanation for delay and there was no reasonably arguable basis for judicial review: the lack of legal representation and language assistance did not render the process unfair, the Director's reasons (read with the earlier decision) were adequate for BOR2, and the Board's case management was lawful; accordingly leave and the appeal were refused/dismissed.

Hong Kong Case Law

MUHAMMAD ASHFAQ v. TORTURE CLAIMS APPEAL BOARD

BGOYA BENARD MUGISHA v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

FARHAD MOHAMMAD ABDUL KARIM v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

RE SHAKEEL

CELIS LEONORA SACOR v. DIRECTOR OF IMMIGRATION [Decision on Leave Application]

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

RE HASMI RIZWAN IMRAN