Hong Kong Case Law: Decisions & Judgments

Topic

Refugee convention/persecution

Legal area

Court

24 May 2022

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

Citation

[2022] HKCFI 1413
Court

Court of First Instance
Case number

HCAL1042/2019

Leave to apply for judicial review was refused because the applicant demonstrated no arguable error of law or procedural unfairness: interpreter services were provided at hearing, the adjudicator may issue reasons in an official language, the Board's credibility and protection findings were supported by evidence, and the applicant offered no realistic prospect of success.
29 Apr 2022

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

Citation

[2022] HKCFI 1257
Court

Court of First Instance
Case number

HCAL541/2019

Leave to apply for judicial review was refused because the Board properly applied the law, acted fairly, and reached fact-based conclusions that internal relocation and state protection were available and that there was no personal risk from BJP; the applicant failed to show any error of law, procedural unfairness or irrationality and therefore the proposed judicial review had no realistic prospect of success.
5 Aug 2021

BUI DUC TOAN v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE [Decision on Leave Application]

Citation

[2021] HKCFI 2196
Court

Court of First Instance
Case number

HCAL357/2021

Leave to apply for judicial review was refused and time was not extended because the application was late and the applicant had no reasonable prospect of success: the Board's findings were supported, there was no error of law or procedural unfairness, the findings were not Wednesbury unreasonable, and state protection and internal relocation were viable options.
16 Sept 2019

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

Citation

[2019] HKCFI 2219
Court

Court of First Instance
Case number

HCAL1630/2018

Leave to apply for judicial review was refused because the Director's decision was not susceptible to review once an appeal to the Board was pursued; the applicant was out of time for the Board's first decision but time was extended; on the merits the Board accepted the applicant's facts but reasonably concluded there was no state involvement or risk attracting protection under torture/CIDTP or refugee grounds and the applicant had no reasonable prospect of success.
11 Sept 2019

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

Citation

[2019] HKCFI 2247
Court

Court of First Instance
Case number

HCAL1695/2018

Leave was refused because (1) the Director's decision is not ordinarily subject to judicial review once an appeal to the statutory Board has been pursued and no exceptional circumstances were shown; and (2) the applicant failed to demonstrate a reasonable prospect of success in challenging the Board's decision, which had conducted a fair hearing and made findings that the applicant would not face real risk of CIDTP or persecution, could obtain state protection or relocate, and therefore the Board's decision was not irrational or procedurally flawed.
18 Dec 2017

MANNAN ABDUL v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE AND ANOTHER

Citation

MANNAN ABDUL v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE AND ANOTHER
Court

Court of First Instance
Case number

HCAL472/2017

Leave to apply for judicial review was refused because the applicant failed to demonstrate any reasonably arguable ground: key substantive claims lacked merit on their face, the applicant admitted facts that undermined asserted procedural unfairness, the TCAB decision was not shown to involve legal error or Wednesbury-unreasonableness, and the application was an abuse of process used to delay removal.

Hong Kong Case Law

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

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

BUI DUC TOAN v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE [Decision on Leave Application]

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

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

MANNAN ABDUL v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE AND ANOTHER