19 Nov 2025
NITISH SHARMA v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE [Decision on Leave Application]
- Citation
- [2025] HKCFI 5333
- Court
- Court of First Instance
- Case number
- HCAL1111/2025
The Board's advice that the applicant was free to decline to give oral evidence was inconsistent with statutory disclosure obligations (s37ZA) and the potential adverse-effects under s37ZD; a mere warning that credibility might be negatively viewed was insufficient and could have misled the applicant into not clarifying matters, creating an arguable error of law and procedural unfairness that justifies granting leave to apply for judicial review.