Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Refusal of leave to apply for judicial review

  • 15 May 2026

    SUKHVINDER KUMAR v. TORTURE CLAIMS APPEAL BOARD

    Citation
    [2026] HKCA 879
    Court
    Court of Appeal
    Case number
    CACV786/2025

    The appeal was dismissed because the applicant failed to advance any substantiated or viable ground demonstrating error of law, procedural unfairness or irrationality in the Board's decision, and the Court of Appeal, limited to review of the judge's refusal of leave, saw no basis to interfere.

    • Non-refoulement
    • Refusal of leave to apply for judicial review
    • Procedural fairness
    • Standard of review
    • Irrationality
    • State protection

  • 15 May 2026

    RANA MD RASEDUI ISLAM v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE

    Citation
    [2026] HKCA 922
    Court
    Court of Appeal
    Case number
    CACV656/2025

    The appeal was dismissed because the applicant provided only an unparticularised assertion that his claim was real, failed to identify any error in the judge's refusal of leave, and therefore advanced no viable ground to overturn the order; under established authority the Court will not intervene absent error of law, procedural unfairness or irrationality.

    • Non-refoulement
    • Refusal of leave to apply for judicial review
    • Assessment of risk
    • Standard of review

  • 15 May 2026

    ALI HASSAN v. TORTURE CLAIMS APPEAL BOARD

    Citation
    [2026] HKCA 875
    Court
    Court of Appeal
    Case number
    CACV745/2025

    The appeal was dismissed because the applicant failed to particularise any viable ground to overturn the Deputy High Court Judge's refusal of leave; the grounds filed were general allegations without particulars and did not identify error in the judge's decision, and on that basis the judge's order refusing leave is affirmed.

    • Refusal of leave to apply for judicial review
    • Non-refoulement claim
    • Procedural fairness
    • Judicial review standards
    • Risk assessment and state protection

  • 15 May 2026

    ALI SARAFAT v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE

    Citation
    [2026] HKCA 881
    Court
    Court of Appeal
    Case number
    CACV878/2025

    The appeal was dismissed because the applicant failed to advance any viable, substantiated ground to reverse the Deputy High Court Judge's refusal of leave; there was no error of law, procedural unfairness or irrationality in the Board's decision.

    • Refusal of leave to apply for judicial review
    • Procedural fairness
    • Irrationality review
    • Assessment of risk
    • Internal relocation
    • Standard of review

  • 15 May 2026

    SHAUKAT ALI v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE

    Citation
    [2026] HKCA 721
    Court
    Court of Appeal
    Case number
    CACV564/2025

    The appeal was dismissed because the applicant failed to advance any viable ground to reverse the judge's refusal of leave; the matters raised were bare allegations directed at the Board and Director and did not demonstrate any error of law, procedural unfairness or irrationality in the judge's decision.

    • Refusal of leave to apply for judicial review
    • Non-refoulement
    • Standard of review
    • Country of origin information
    • Procedural fairness

  • 30 Apr 2026

    MILLE PATABANDIGE LAKSHMAN LEEL JAYASENA v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE

    Citation
    [2026] HKCA 753
    Court
    Court of Appeal
    Case number
    CACV509/2025

    The applicant failed to identify or substantiate any error in the judge's decision refusing leave; the grounds advanced were inaccurate and lacked substance; therefore there was no basis to overturn the refusal of leave and the appeal was dismissed.

    • Refusal of leave to apply for judicial review
    • Procedural fairness
    • Irrationality review
    • Assessment of country of origin information and state protection

  • 30 Apr 2026

    ZAHID ABU v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE

    Citation
    [2026] HKCA 752
    Court
    Court of Appeal
    Case number
    CACV869/2025

    The appeal is dismissed because the applicant failed to put forward any viable, substantiated grounds of error of law, procedural unfairness or irrationality to justify intervention; therefore the Deputy High Court Judge's refusal of leave is upheld and the Court of Appeal will not re-examine the Board's decision on the merits.

    • Refusal of leave to apply for judicial review
    • Procedural fairness
    • Standard of review
    • Country of origin information
    • State protection
    • Internal relocation

  • 16 Apr 2026

    BOTEROS ESTRELIETA ABONG v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE

    Citation
    [2026] HKCA 657
    Court
    Court of Appeal
    Case number
    CACV604/2025

    The appeal is dismissed because the applicant failed to identify any viable ground to reverse the Judge’s refusal of leave; absent demonstrated error of law, procedural unfairness or irrationality the Court will not substitute its own assessment for the Board, and the applicant waived oral hearing by failing to comply with directions.

    • Non-refoulement
    • Refusal of leave to apply for judicial review
    • Procedural fairness
    • Standard of review
    • Deference to tribunal fact-finding

  • 15 Apr 2026

    ALI SAGHAR v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE

    Citation
    [2026] HKCA 536
    Court
    Court of Appeal
    Case number
    CACV880/2025

    The applicant failed to identify or substantiate any error in the judge's decision refusing leave to apply for judicial review; absent viable grounds to reverse that refusal the appeal must be dismissed and the Court will not re-open the Board's merits-based determinations.

    • Refusal of leave to apply for judicial review
    • Risk of persecution
    • State protection
    • Procedural fairness
    • Standard of review

  • 30 Mar 2026

    MADUKA CHIDIEBERE FRANK v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE

    Citation
    [2026] HKCA 426
    Court
    Court of Appeal
    Case number
    CACV850/2025

    The appeal was dismissed because the applicant failed to identify or substantiate any error in the Judge's refusal of leave; absent demonstrated errors of law, procedural unfairness or irrationality, the Court will not interfere with the Board's decision or the Judge's refusal of leave.

    • Refusal of leave to apply for judicial review
    • Non-refoulement claim
    • Standard of review
    • Procedural fairness
    • Internal relocation