Hong Kong Case Law: Decisions & Judgments

Topic

Procedural fairness and representation

Legal area

Court

4 Nov 2024

OXINA JOAN PATRICIO AND ANOTHER v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE

Citation

[2024] HKCFI 2833
Court

Court of First Instance
Case number

HCAL277/2024

The leave application was refused because the daughter's claim was derivative of the mother's previously rejected and finally determined claim, the Board had conducted a thorough fact and risk assessment applying the correct legal standards (finding state protection and internal relocation viable), no child-specific or new material issues were shown, and therefore there was no realistic prospect of success to justify leave.
18 Apr 2019

GURUNG MINU v. TORTURE CLAIMS APPEAL BOARD AND ANOTHER

Citation

[2019] HKCFI 956
Court

Court of First Instance
Case number

HCAL1430/2018

The application for leave to appeal and for extension of time was dismissed because the leave application was out of time, no formal application for extension of time was made as required by the Rules of the High Court, the applicant failed to identify specific arguable errors or grounds demonstrating a real prospect of success, and the complained defects were either irrelevant or not substantiated.
20 Apr 2018

DIVI DIAH NINGRUM v. TORTURE CLAIMS APPEAL BOARD AND ANOTHER [Decision on Leave Application]

Citation

[2018] HKCFI 798
Court

Court of First Instance
Case number

HCAL817/2017

Leave was refused because, after rigorous examination and anxious scrutiny, the Court found no error of law or procedural unfairness in the Director's or the Board's decisions; the Board's and Director's characterisation of the case as a private loan dispute with state protection and realistic internal relocation was reasonable; the absence of continued free legal representation or a translated NCF did not demonstrate prejudice or a realistic prospect of success; no bias arose from the same adjudicator hearing the matter and the applicant provided no additional materials to sustain BOR2 risk.
22 Jun 2017

綽誠工程有限公司對郭晉諾經營晉發工程公司

Citation

綽誠工程有限公司對郭晉諾經營晉發工程公司
Court

Court of First Instance
Case number

HCSA22/2017

The application for leave to appeal is refused because the applicant failed to demonstrate any legal error in the tribunal's reasoning or decision; the grounds advanced amount to disagreement with factual findings and allegations of procedural defects that do not constitute error of law; the new evidence and assertions of confusion over representation were insufficient to show the tribunal's decision was vitiated and thus do not justify leave.

Hong Kong Case Law

OXINA JOAN PATRICIO AND ANOTHER v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE

GURUNG MINU v. TORTURE CLAIMS APPEAL BOARD AND ANOTHER

DIVI DIAH NINGRUM v. TORTURE CLAIMS APPEAL BOARD AND ANOTHER [Decision on Leave Application]

綽誠工程有限公司 對 郭晉諾經營晉發工程公司

綽誠工程有限公司對郭晉諾經營晉發工程公司