Hong Kong Case Law: Decisions & Judgments

Topic

Standard of review on leave applications

Legal area

Court

10 Feb 2026

LINDA PUSPITA NINGRUM v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE [Decision on Leave Application]

Citation

[2026] HKCFI 665
Court

Court of First Instance
Case number

HCAL1395/2021

The leave application is dismissed because the applicant's Form 86 failed to identify clear and arguable grounds, the Board's findings that past ill-treatment did not reach the requisite severity and that internal relocation was viable were factual and free of public law error, and the intended challenge was not reasonably arguable with realistic prospects of success.
5 Dec 2025

RE BALAGOT CHRISTINE RAFANAN

Citation

[2025] HKCA 1071
Court

Court of Appeal
Case number

CACV282/2025

The appeal was dismissed because the applicant failed to identify any viable, specific errors in the judge's refusal of leave; her allegations were vague and repetitive, the judge applied the correct standard of review (per Nupur Mst), the Board had given detailed reasons and the procedural fairness complaints (including about language and legal assistance) did not justify interference.
27 May 2022

TRINH THI LY v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE

Citation

[2022] HKCA 738
Court

Court of Appeal
Case number

CACV535/2021

The judge correctly refused leave because the applicant did not advance any reasonably arguable ground of error of law or procedural unfairness against the Board's findings, which were supported by evidence and reasoning; therefore there was no realistic prospect of success and the appeal is dismissed.
15 Nov 2021

RE MANNAN MIAH

Citation

[2021] HKCA 1703
Court

Court of Appeal
Case number

CACV282/2021

The judge correctly refused leave because the applicant failed to establish any arguable public law error by the Board; the Board had applied the law, conducted a fair hearing (with interpreter) and was entitled to take into account the applicant's conduct and the doubtful credibility of late documents; non‑compliance with appellate directions justified disposal on paper. Accordingly the appeal against refusal of leave was dismissed.

Hong Kong Case Law

LINDA PUSPITA NINGRUM v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE [Decision on Leave Application]

RE BALAGOT CHRISTINE RAFANAN

TRINH THI LY v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE

RE MANNAN MIAH