Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Separate consideration of minor's claim

Legal area

Court

22 Apr 2026

SOHEL LABIB, a minor, by next friend and legal guardian, AKTER LABONI v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

Citation

[2026] HKCFI 2273
Court

Court of First Instance
Case number

HCAL685/2020

Leave was granted because the Board committed an error of law by failing to give separate consideration to the minor's non-refoulement claim and his child-specific circumstances in accordance with the Fabio principles, making the claim reasonably arguable with realistic prospects of success.
23 Dec 2025

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

Citation

[2025] HKCFI 6383
Court

Court of First Instance
Case number

HCAL1039/2020

Leave was granted because the Board's decision dated 12 December 2019 failed to give a separate consideration to the minor applicant's case as required by binding authority (Court of Appeal in Fabio Timogan), and therefore there was an arguable error of law warranting judicial review; the joint application need not be severed and the Board must take applicants' facts and special circumstances into account.