Hong Kong Case Law: Decisions & Judgments

Topic

Risk to life (bor 2)

Legal area

Court

24 Mar 2026

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

Citation

[2026] HKCFI 1514
Court

Court of First Instance
Case number

HCAL399/2022

Applicant's grounds were vague and lacked particulars demonstrating any error of law, procedural unfairness or irrationality; the Board conducted a de novo hearing with a hearing and provided adequate, comprehensive reasons; given the Board's factual remit and the enhanced but not overriding scrutiny in non-refoulement cases, the Applicant's challenge was not reasonably arguable with realistic prospects of success, so leave was refused.
7 Dec 2022

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

Citation

[2022] HKCFI 3654
Court

Court of First Instance
Case number

HCAL1063/2019

Leave to apply for judicial review was refused because the applicant lacked a realistic prospect of success: his BOR 2/non-refoulement claim was unsubstantiated in light of earlier findings rejecting BOR 3 risk and confirming availability of state protection/internal relocation, and he failed to provide special circumstances or evidence to justify lodging the appeal 7 months and 17 days late.
8 Sept 2020

RE REYES ENRICO KARASIG

Citation

[2020] HKCA 749
Court

Court of Appeal
Case number

CAMP307/2019

Extension of time was refused because the applicant offered no cogent explanation for the delay and the intended appeal had no real prospect of success: the applicant failed to advance viable grounds (and sought to raise new arguments not argued below), and the Deputy Judge correctly concluded there was no error of law or procedural unfairness in the Director's and Board's decisions dismissing the non-refoulement claim.
15 Jul 2020

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

Citation

[2020] HKCFI 1555
Court

Court of First Instance
Case number

HCAL1883/2018

Leave to apply for judicial review was refused because the Board's adverse credibility and factual findings were supported by reasons, relocation was a viable option, the applicant had no reasonable prospect of success and had effectively withdrawn the application.
29 Jun 2020

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

Citation

[2020] HKCFI 1394
Court

Court of First Instance
Case number

HCAL1925/2018

The Board properly exercised its discretion by considering both the procedural failings and the merits; there was no error of law or procedure and the applicants had no reasonable prospect of success on the merits because their risk claims were unsubstantiated and state protection/internal relocation were viable; accordingly extension of time was refused and the leave application dismissed.
6 Aug 2019

MONIR HASAN v. TORTURE CLAIMS APPEAL BOARD /NON-REFOULEMENT CLAIMS PETITION OFFICE

Citation

[2019] HKCA 878
Court

Court of Appeal
Case number

CACV188/2019

Leave to apply for judicial review was properly refused because the appellant failed to particularize legal errors or procedural unfairness; TCAB's adverse credibility and factual findings were within its province and not vitiated by legal error, irrationality or unfairness; therefore no realistic prospect of success was established and the judge's refusal was correct.
10 Jul 2019

AFSAR KHAN v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE AND ANOTHER

Citation

[2019] HKCA 751
Court

Court of Appeal
Case number

CACV71/2019

The Court allowed the appeal and set aside the judge's refusal of leave because the judge failed to address whether, given fresh BOR 2 materials, the TCAB should have afforded an oral hearing to enable clarification and whether the appellant suffered prejudice from any procedural unfairness; accordingly the appellant was granted leave to apply for judicial review.
19 Jun 2019

RE PUNAM GHARTI MAGAR SINJALI

Citation

[2019] HKCA 689
Court

Court of Appeal
Case number

CACV84/2019

The Judge correctly found the applicant's grounds to be bare and unmeritorious, there was no demonstrated error of law or failure to take into account relevant matters, and therefore the refusal of leave to apply for judicial review was upheld and the appeal dismissed.
10 May 2019

RE SHAMSHER SINGH

Citation

[2019] HKCA 513
Court

Court of Appeal
Case number

CACV582/2018

Leave to apply for judicial review was correctly refused because the applicant failed to articulate any reasonably arguable grounds; the Board's adverse credibility findings were supported by inconsistencies and lack of evidence and no legal error or procedural unfairness was shown.