Hong Kong Case Law: Decisions & Judgments

Topic

Risk of torture (part viic, immigration ordinance)

Legal area

Court

19 Nov 2025

LE BA CUONG v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE [Decision on Leave Application]

Citation

[2025] HKCFI 5521
Court

Court of First Instance
Case number

HCAL1106/2025

Leave to apply for judicial review was refused because the applicant failed to demonstrate any realistic prospect of success or any error of law, procedural unfairness or irrationality in the Board's Decision; the Board's factual findings (including credibility findings, absence of severe pain or suffering and availability of state protection) were open to it on the evidence and justified dismissal of the appeal.
23 Oct 2025

JORAJ MASIH v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

Citation

[2025] HKCFI 5030
Court

Court of First Instance
Case number

HCAL1711/2020

Leave refused because the applicant failed to identify any reasonably arguable legal error, irrationality or procedural unfairness in the Director's or Board's decisions; the Board's adverse credibility findings were supported by oral evidence and analysis, and the Director and Board reasonably found state protection and internal relocation available, thereby negating any non-refoulement entitlement.
13 Feb 2025

TAJAMMAL HUSSAIN v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE

Citation

[2025] HKCA 87
Court

Court of Appeal
Case number

CACV456/2024

The appeal was dismissed because the Judge correctly applied the supervisory standard: the applicant failed to identify any arguable error of law, procedural unfairness or irrationality in the Board's decision; the Board had considered relevant country of origin information and evidence and reasonably concluded the claimed risks were exaggerated and that state protection and internal relocation were viable, so the applicant had no realistic prospect of success for judicial review.
19 Jan 2022

AKRAM MUHAMMAD v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

Citation

[2022] HKCFI 247
Court

Court of First Instance
Case number

HCAL2462/2020

Extension of time was refused and leave to apply for judicial review dismissed because the applicant was almost 23 months late without any explanation or good reason, the intended application lacked arguable merits, and there was no identifiable legal error, irrationality or procedural unfairness in the Director's or Board's decisions.
1 Nov 2021

MOHAMMAD SHARIF v. TORTURE CLAIMS APPEAL BOARD

Citation

[2021] HKCA 1552
Court

Court of Appeal
Case number

CACV287/2021

The appeal is dismissed because the applicant failed to identify any error of law or omission by the judge in refusing leave; the Board's credibility and relocation findings were open to it, the alleged incident was not raised in the Form 86 and therefore could not be relied on, and family ties in Hong Kong do not constitute a non-refoulement ground; accordingly leave to apply for judicial review was correctly refused.
13 Feb 2019

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

Citation

[2019] HKCFI 356
Court

Court of First Instance
Case number

HCAL583/2017

Leave to apply for judicial review was refused because the applicant failed to identify any arguable legal or procedural error in the Director's and the Board's decisions; both bodies lawfully concluded the risk was localized and could be addressed by internal relocation and state protection, so there was no prospect of success on judicial review.

Hong Kong Case Law

LE BA CUONG v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE [Decision on Leave Application]

JORAJ MASIH v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

TAJAMMAL HUSSAIN v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE

AKRAM MUHAMMAD v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

MOHAMMAD SHARIF v. TORTURE CLAIMS APPEAL BOARD

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