Hong Kong Case Law: Decisions & Judgments

Topic

Persecution risk (refugee convention)

Legal area

Court

17 Jul 2025

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

Citation

[2025] HKCFI 2935
Court

Court of First Instance
Case number

HCAL983/2020

Leave was refused because the applicant's grounds were vague and general, she failed to identify any public law error in the Board's BOR 2 decision, the Board conducted a lawful independent assessment and applied the correct legal test, and there were no realistic prospects of success on judicial review.
25 Jan 2022

MUHAMMAD NASIR v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE AND ANOTHER [Decision on Leave Application]

Citation

[2022] HKCFI 278
Court

Court of First Instance
Case number

HCAL257/2019

Leave refused because the Board's adverse credibility findings were dispositive and open to the fact-finding tribunal, and even if the applicant's account were accepted the Board correctly found no real risk of ill-treatment, persecution or arbitrary deprivation of life and that state protection and internal relocation were available; therefore there was no arguable error of law, procedural unfairness or irrationality to justify judicial review.
18 Jun 2019

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

Citation

[2019] HKCFI 1575
Court

Court of First Instance
Case number

HCAL636/2018

Leave to apply for judicial review was refused because the Adjudicator conducted a proper rehearing, had a legitimate basis for the adverse credibility finding (a major discrepancy), considered relevant COI, lawfully concluded state protection and internal relocation were available, and the decision was not Wednesbury-unreasonable nor infected by error of law or procedural unfairness; the Applicant's complaints were not reasonably arguable and had no realistic prospect of success.
11 Jun 2019

JASKARN SINGH v. DIRECTOR OF IMMIGRATION AND ANOTHER [Decision on Leave Application]

Citation

[2019] HKCFI 1399
Court

Court of First Instance
Case number

HCAL164/2018

Leave was refused because on rigorous examination the Adjudicator conducted sufficient inquiry, afforded procedural fairness, gave reasons for disbelieving the applicant based on implausibilities and documentary irregularity, and the decision contained no error of law or irrationality such that judicial review could be justified.
2 Apr 2019

SUMON MIAH v. CHRISTIAN PATRICK CARNEY, ESQ. [Decision on Leave Application]

Citation

[2019] HKCFI 864
Court

Court of First Instance
Case number

HCAL794/2018

Leave refused because the Applicant's grounds were not reasonably arguable: the Adjudicator's credibility findings and refusals were supported by the record, there were no errors of law or procedural unfairness and no Wednesbury unreasonableness in the decision.
9 Mar 2018

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

Citation

[2018] HKCFI 450
Court

Court of First Instance
Case number

HCAL364/2017

Leave refused because the TCAB adjudicator conducted a full rehearing, applied the correct legal tests, gave cogent reasons for adverse credibility findings supported by inconsistencies in the applicant's evidence, and correctly concluded that state protection and internal relocation in India would negate non-refoulement; there was no error of law or procedural unfairness and no realistic prospect of success for judicial review.

Hong Kong Case Law

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

MUHAMMAD NASIR v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE AND ANOTHER [Decision on Leave Application]

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

JASKARN SINGH v. DIRECTOR OF IMMIGRATION AND ANOTHER [Decision on Leave Application]

SUMON MIAH v. CHRISTIAN PATRICK CARNEY, ESQ. [Decision on Leave Application]

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