Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Risk of torture and non-refoulement

Legal area

Court

23 Jul 2025

RODRIGUEZ CARRENO SAMUEL v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE

Citation

[2025] HKCA 631
Court

Court of Appeal
Case number

CAMP66/2025

The Court refused the extension because, although the two‑day delay for the appeal was minimal, the intended appeal had no prospect of success: the judge correctly found no legally tenable error in the Board's factual and legal conclusions, the proposed fresh evidence failed the second Ladd v Marshall condition and added nothing material, and no exceptional circumstances justified admission; accordingly the summons for extension of time was dismissed.
31 Oct 2023

AKTER SAFIA v. DIRECTOR OF IMMIGRATION [Decision on Leave Application]

Citation

[2023] HKCFI 2797
Court

Court of First Instance
Case number

HCAL1612/2023

Leave was refused because the Director correctly applied s.37ZO, the Applicant failed to demonstrate a significant change of circumstances or a realistic prospect of success; the Director did not err in law or breach procedural fairness in declining a further screening interview or in assessing COI and evidence; given repeated, meritless attempts to re-litigate finally determined non-refoulement claims, a RPO under s.27 and the court's inherent jurisdiction was justified to prevent abuse of process, with specified conditions and a five-year duration.