Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Standard of review/enhanced scrutiny in non-refoulement cases
  • 6 Mar 2026

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

    Citation
    [2026] HKCFI 1108
    Court
    Court of First Instance
    Case number
    HCAL521/2021

    The application was out of time by about 2.5 months without any explanation and, on the merits, the TCAB decision showed no error of law, procedural unfairness or irrationality and the applicant's case was plainly unarguable; therefore there was no good reason to extend time and leave to apply for judicial review was refused.

    • Leave to apply for judicial review
    • Extension of time/undue delay
    • Standard of review/enhanced scrutiny in non-refoulement cases
    • State protection
    • Unified screening mechanism
    • Procedural fairness