Hong Kong Case Law: Decisions & Judgments

Topic

Persecution risk under refugee convention

Legal area

Court

13 Mar 2025

MANEBOY WILLIAM MONTERO v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE

Citation

[2025] HKCA 205
Court

Court of Appeal
Case number

CACV379/2024

The judge correctly refused leave because the Applicant failed to identify any error of law, procedural unfairness or irrationality in the Board's decision; the Board had correctly applied the law and legal principles regarding BOR 2 risk and made factual findings within its exclusive province which the court will not disturb on judicial review, so the appeal has no realistic prospects of success.
19 May 2020

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

Citation

[2020] HKCFI 855
Court

Court of First Instance
Case number

HCAL921/2017

There was no reasonably arguable basis for judicial review because the Adjudicator conducted a proper rehearing, afforded procedural fairness, made detailed and open findings including adverse credibility findings and did not commit any error of law or procedure; therefore leave to apply for judicial review must be refused.
24 May 2018

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

Citation

[2018] HKCFI 1021
Court

Court of First Instance
Case number

HCAL539/2017

The TCAB and Director correctly applied the relevant legal tests; the applicant's evidence did not establish a real risk of torture, CIDTP, persecution or breach of the right to life, internal relocation and state protection were viable, there was no procedural unfairness or miscarriage of justice arising from lack of continued legal representation or translation, and the leave application was not reasonably arguable and is refused.

Hong Kong Case Law

MANEBOY WILLIAM MONTERO v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE

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

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