Hong Kong Case Law: Decisions & Judgments

Topic

Screening procedure

Legal area

Court

16 Sept 2025

GANGE CARLO AGUIRRE v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

Citation

[2025] HKCFI 4116
Court

Court of First Instance
Case number

HCAL1514/2020

Leave was refused because the applicant failed to identify any reasonably arguable legal error, irrationality or procedural unfairness in the Director's or the Board's decisions; the Board's adverse credibility findings, the assessment that the risk was localized, availability of state protection and reasonable internal relocation were supported by the evidence, and judicial review is not a forum to rehear the merits absent identified legal error.
19 Jan 2023

AVTAR SINGH v. DIRECTOR OF IMMIGRATION [Decision on Leave Application]

Citation

[2023] HKCFI 187
Court

Court of First Instance
Case number

HCAL1138/2022

Leave was refused because the Director rationally found the purported new evidence to be unsubstantiated/hearsay and that even if accepted it did not show a significant change or realistic prospect of success under s37ZO; no procedural unfairness was shown; and an RPO was justified to prevent abuse of process.
21 Jul 2022

SIDHU BALBIR SINGH v. THE ADJUDICATOR OF THE NON-REFOULEMENT CLAIMS PETITION OFFICE

Citation

[2022] HKCA 1000
Court

Court of Appeal
Case number

CAMP36/2022

Extension of time to appeal was refused because the delay (over seven months) was substantial, the applicant offered no good or satisfactory explanation for the delay, he failed to attend hearings or provide proposed grounds of appeal or identify any legal error or procedural unfairness, and there was no prospect of success on the merits; accordingly time was not extended and the summons dismissed.
17 Sept 2021

RITA-SETIANI v. DIRECTOR OF IMMIGRATION [Decision on Leave Application]

Citation

[2021] HKCFI 2716
Court

Court of First Instance
Case number

HCAL1173/2021

The Director's refusal of the subsequent claim was lawful because the applicant's additional material amounted to updates of the original claim and hearsay that did not demonstrate a significant change of circumstances or a realistic prospect of success; there was no procedural unfairness in the Director's process and the factual findings were not irrational; consequently leave to apply for judicial review was refused and a Restricted Proceedings Order was justified to prevent abuse of process.
10 Sept 2021

NUR ANI HIDAYATI AND OTHERS v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

Citation

[2021] HKCFI 2724
Court

Court of First Instance
Case number

HCAL1886/2018

Leave to apply for judicial review was refused because the applicants failed to identify any arguable legal error, irrationality or procedural unfairness in the Director's and Board's decisions; the Board lawfully relied on COI, available state protection and internal relocation, and the applicants provided no credible evidence of real risk or excuse for procedural default.
22 Feb 2019

HUSSAIN MUNAWAR v. NICHOLAS CHAN, THE ADJUDICATOR OF THE TORTURE CLAIMS APPEAL BOARD/ NON-REFOULEMENT CLAIMS PETITION OFFICE [Decision on Leave Application]

Citation

[2019] HKCFI 391
Court

Court of First Instance
Case number

HCAL1100/2018

Leave for judicial review was refused because the applicant failed to demonstrate a reasonable prospect of success: the Board properly accepted his account but reasonably concluded that state protection and internal relocation in Pakistan were available, it was entitled to rely on country information and UNHCR materials, and there was no legal obligation to conduct a further screening interview for BOR2 on the facts presented.
5 Oct 2018

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

Citation

[2018] HKCFI 2134
Court

Court of First Instance
Case number

HCAL1148/2017

Leave was refused because the Adjudicator had a proper basis for her findings, considered sufficient COI, lawfully concluded that reasonable state protection and family support made the claimed risks speculative and low, made no error of law or procedural unfairness and her decision was not Wednesbury unreasonable, so the applicant had no realistic prospects of success.
28 Sept 2018

AFGHAN ABDUL QADAR v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE [Decision on Leave Application]

Citation

[2018] HKCFI 1921
Court

Court of First Instance
Case number

HCAL101/2018

Leave to apply for judicial review was refused because the Director and the Adjudicator applied the correct legal tests, addressed the evidence, afforded procedural fairness, reached decisions open to them on the facts and there were no reasonably arguable grounds of unlawfulness, unreasonableness or unfairness that would give the applicant a realistic prospect of success.
7 Sept 2018

KHAN MD ATAUR RAHMAN v. CHAN LING-LING TRACY, ESQ AND ANOTHER [Decision on Leave Application]

Citation

[2018] HKCFI 1984
Court

Court of First Instance
Case number

HCAL3/2018

Leave was refused because the applicant failed to identify any arguable error of law or procedural unfairness by the Director or the Board; the applicant's grounds were broad, vague and lacking particulars; the Board's adverse credibility findings and reliance on objective COI supporting availability of internal relocation and state protection were reasonable; accordingly there was no real prospect of success on judicial review.
28 Jun 2018

GURSEWAK SINGH v. DIRECTOR OF IMMIGRATION AND ANOTHER [Decision on Leave Application]

Citation

[2018] HKCFI 1411
Court

Court of First Instance
Case number

HCAL736/2017

Leave to apply for judicial review was refused because the court, on rigorous examination and anxious scrutiny, found the Director and the Adjudicator had proper factual and legal bases for their findings, state protection and internal relocation were reasonably available, there was no procedural unfairness and the applicant's complaints were not reasonably arguable or Wednesbury unreasonable, so he had no realistic prospects of success.