Hong Kong Case Law: Decisions & Judgments

Topic

Screening

Legal area

Court

8 Apr 2025

RINCON MARIN GLORIA SIRLEY v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

Citation

[2025] HKCFI 1217
Court

Court of First Instance
Case number

HCAL1284/2022

The application for leave was dismissed because the Applicant failed to plead specific, reasonably arguable grounds or particulars of legal error or procedural unfairness; the Board and the Director had lawfully and reasonably assessed the danger as low, treated the matter as a private dispute with state protection and internal relocation available, and no arguable error or unfairness was established to justify judicial review.
29 Jan 2021

SENTOT ASEP MUHAIMIN v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE

Citation

[2021] HKCA 95
Court

Court of Appeal
Case number

CAMP103/2020

The court refused to extend time because, although the 9‑day delay was not substantial and the explanation was acceptable, the applicant failed to demonstrate a reasonable prospect of success on the intended appeal: the judge had given adequate reasons, the Board had independently assessed credibility and COI and addressed screening for BOR 2, and the procedural omissions alleged were unsupported by evidence and would not assist the applicant.
10 Jul 2019

DHALI JONY v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE

Citation

[2019] HKCA 755
Court

Court of Appeal
Case number

CACV104/2019

The Judge correctly concluded that the applicant had no realistic prospect of success because the Board and Director had lawfully and properly screened and assessed the claim, the applicant failed to produce evidence or show procedural unfairness or legal error (including failure to receive notice), and therefore leave to apply for judicial review was rightly refused; the Court of Appeal dismissed the appeal for lack of merit.
26 Jun 2019

IBRAHIM v. SIMON RUSSELL, ESQ. [Decision on Leave Application]

Citation

[2019] HKCFI 1625
Court

Court of First Instance
Case number

HCAL1748/2018

The court found that the Board and Director had considered the applicant's case, applied the relevant statutory and Convention provisions, and afforded a fair interview and hearing; the applicant's procedural complaints were either unsupported, inconsistent with his court statements, or rejected by binding authority, and he failed to show a reasonable prospect of success for judicial review, therefore leave to apply for judicial review was refused.
20 Jun 2019

MAHMOOD WAJID v. LI WAI CHI, ESQ, ADJUDICATOR OF THE NON-REFOULEMENT CLAIMS PETITION OFFICE [Decision on Leave Application]

Citation

[2019] HKCFI 1565
Court

Court of First Instance
Case number

HCAL1778/2018

Leave was refused because the Board had rejected the applicant's evidence as incredible leaving no factual basis for his claims, the procedural complaints were irrelevant or inconsistent with his conduct, BOR 2 risk had been assessed, and the applicant lacked a reasonable prospect of success.
26 Sept 1997

LONG QUOC TUONG AND OTHERS v. THE DIRECTOR OF IMMMIGRATION AND ANOTHER

Citation

LONG QUOC TUONG AND OTHERS v. THE DIRECTOR OF IMMMIGRATION AND ANOTHER
Court

Court of First Instance
Case number

HCAL41/1997

The court held the continued detention of the seven selected Applicants was unlawful because ECVIIs were entitled to have refugee status screening when it became known they were previous residents of Vietnam; delays and the failure to have their claims considered within a reasonable time meant detention exceeded what was reasonably necessary under the Hardial Singh principles; detention authorised under incorrect statutory powers (for at least one Applicant) also rendered detention unlawful.

Hong Kong Case Law

RINCON MARIN GLORIA SIRLEY v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

SENTOT ASEP MUHAIMIN v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE

DHALI JONY v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE

IBRAHIM v. SIMON RUSSELL, ESQ. [Decision on Leave Application]

MAHMOOD WAJID v. LI WAI CHI, ESQ, ADJUDICATOR OF THE NON-REFOULEMENT CLAIMS PETITION OFFICE [Decision on Leave Application]

LONG QUOC TUONG AND OTHERS v. THE DIRECTOR OF IMMMIGRATION AND ANOTHER