Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Procedural compliance and service

Legal area

Court

26 Jan 2018

MR. RIYUZ MAYA v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

Citation

[2018] HKCFI 168
Court

Court of First Instance
Case number

HCAL281/2017

The court refused leave because the applicant's case was not reasonably arguable: adverse credibility findings on central facts (age and date inconsistencies, absconding, conflicting documentary and media evidence) were unchallenged by any legal or procedural error, state protection and internal relocation were credible alternatives, and procedural defaults (failure to update address) justified determining the application without a hearing; accordingly there was no realistic prospect of success.
15 Jan 2018

RE MR. GURDEV SINGH [Decision on Leave Application]

Citation

[2018] HKCFI 71
Court

Court of First Instance
Case number

HCAL325/2017

Leave to apply for judicial review was refused because the applicant failed to exhaust the available appeal to TCAB and was out of time without exceptional circumstances, failed to update his contact details thereby undermining service, and the Director’s and Adjudicator’s findings (including on credibility, minor nature of assault, state protection and relocation) disclosed no error of law or procedure and no reasonably arguable public law ground.