Hong Kong Case Law: Decisions & Judgments

Topic

Non-refoulement appeals

Legal area

Court

29 Apr 2026

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

Citation

[2026] HKCFI 2362
Court

Court of First Instance
Case number

HCAL147/2022

Leave to apply for judicial review was refused because the Applicant failed to demonstrate any arguable ground or realistic prospect of success; the Board's Decision was comprehensive, not tainted by error of law, procedural unfairness or irrationality and satisfied the enhanced Wednesbury standard; Form 86 was amended to name the Director of Immigration as Putative Interested Party.
30 Apr 2025

RE ZAHIDUL ISLAM

Citation

[2025] HKCA 373
Court

Court of Appeal
Case number

CAMP315/2023

Refusal to grant extension of time was correct because the applicant delayed six months without any explanation, failed to advance any arguable ground for appeal or demonstrate realistic prospects of success, and there was no error of law or procedural unfairness in the Board's or Judge's decisions, making any extension futile.
11 Mar 2020

G AND OTHERS v. MR LAM, KUI-PO, WILLIAM, DEPUTY CHAIRPERSON OF THE TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE AND OTHERS

Citation

[2020] HKCFI 377
Court

Court of First Instance
Case number

HCAL316/2019

Court held that non-disclosure of the requested incident documents was not procedurally unfair or Wednesbury unreasonable because the laptop loss post-dated the events relevant to the non-refoulement claims and the incident did not constitute adverse material that would affect the merits; proceeding with de novo hearings without disclosure therefore was not unlawful. However, the 2nd Respondent lacked jurisdiction to set aside Issued Decisions already given by the Board because those decisions were final and the Board was functus officio; consequently the 2nd Decision directing that certain I…

Hong Kong Case Law

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

RE ZAHIDUL ISLAM

G AND OTHERS v. MR LAM, KUI-PO, WILLIAM, DEPUTY CHAIRPERSON OF THE TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE AND OTHERS