Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Procedural amendment of form 86
  • 6 Nov 2025

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

    Citation
    [2025] HKCFI 4757
    Court
    Court of First Instance
    Case number
    HCAL831/2020

    The Form 86 was allowed to be amended to identify the correct Board decision but the leave application was dismissed because the applicant failed to identify grounds or provide supporting affidavit, the Board's adverse credibility and factual findings stood as non-reviewable in absence of public law error, and no arguable legal or procedural error was shown making the challenge not reasonably arguable with realistic prospects of success.

    • Leave to apply for judicial review
    • Procedural amendment of form 86
    • Credibility findings and scope of review
    • Subsequent non-refoulement claim under s.37zo
    • Standard of review (error of law/procedural unfairness/irrationality)