Hong Kong Case Law: Decisions & Judgments

Topic

Torture/cat

Legal area

Court

15 Apr 2026

SITI MUJAY ANAH acting as next friend of PRABHDEEP GURSIRAT KAUR SOHI AZRA v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE [Decision on Leave Application]

Citation

[2026] HKCFI 2017
Court

Court of First Instance
Case number

HCAL2610/2025

The court refused extension of time and dismissed leave because the application was filed over a year late, the applicant failed to show a realistic prospect of success on the merits given the Board's findings that state protection and internal relocation were available and that the applicant's procedural complaints were unsupported; therefore no basis to grant relief.
12 Nov 2025

HAQ MUHAMMAD RIZWAN UL v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE [Decision on Leave Application]

Citation

[2025] HKCFI 5384
Court

Court of First Instance
Case number

HCAL2304/2020

The Board's Decision, limited to BOR 2, involved no error of law, procedural unfairness or irrationality: the Applicant failed to submit additional evidence after invitation, there was no proof of the alleged new murder claim, the appropriate remedy for changed circumstances is a s37ZO subsequent claim, the Board was entitled to decide on papers and had earlier found credibility defects; accordingly the proposed judicial review was not reasonably arguable and leave is refused.
7 May 2024

DIAN LESTARI AND ANOTHER v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

Citation

[2024] HKCFI 1232
Court

Court of First Instance
Case number

HCAL78/2019

Leave refused because the applicants' grounds were vague and lacked particulars; the Board and Director gave reasoned decisions showing no error of law, procedural unfairness or irrationality; the risk was found localized with available state protection and reasonable internal relocation; the child's claim was adequately considered; there was no real prospect of success.
7 Jul 2023

RE GULL WASEEM

Citation

[2023] HKCA 800
Court

Court of Appeal
Case number

CAMP238/2022

The Court refused to extend time because the applicant's delay was short but he advanced no viable grounds to overturn the Judge's refusal of leave; the Board had correctly applied the law and made permissible credibility findings fatal to the claim; there was no realistic prospect of success, so extension would be futile.
11 Apr 2023

DANG THI MAI THI v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE [Decision on Leave Application]

Citation

[2023] HKCFI 779
Court

Court of First Instance
Case number

HCAL1417/2022

The Board properly accepted the applicant's evidence but lawfully concluded that state protection or internal relocation would avoid the alleged risk; there was no error of law, procedural unfairness or irrationality in the Board's decision and the applicant had no realistic prospect of success, so leave to apply for judicial review was refused.
8 Feb 2023

RE HANIF MUHAMMAD

Citation

[2023] HKCA 142
Court

Court of Appeal
Case number

CAMP154/2022

The renewed application for extension of time was dismissed because the applicant failed to satisfactorily explain the long delay, failed to identify any reasonably arguable legal ground to challenge the Board's decision, and the Board's adverse credibility and relocation findings showed the intended judicial review had no real prospect of success; accordingly extension would be futile.
23 Jun 2021

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

Citation

[2021] HKCFI 1586
Court

Court of First Instance
Case number

HCAL1444/2019

Applicant failed to discharge the burden of proving substantial grounds for a real risk of torture or other proscribed treatment; the Board was entitled to rely on the Director's reasoned decision, properly considered state protection and internal relocation, and did not commit procedural unfairness or legal error in determining the appeal on paper, therefore there was no reasonable prospect of success and leave to apply for judicial review was refused.
14 Apr 2021

SOPLAPUCO MATUTE MANUEL ANDRES v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE [Decision on Leave Application]

Citation

[2021] HKCFI 937
Court

Court of First Instance
Case number

HCAL1239/2018

Leave to apply for judicial review was refused because the Board's adverse credibility findings and risk assessments were neither legally erroneous nor procedurally unfair nor irrational, and there was no arguable case with a reasonable prospect of success to justify granting leave.
28 Jan 2021

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

Citation

[2021] HKCFI 173
Court

Court of First Instance
Case number

HCAL458/2019

No arguable public law ground was established: the Board reasonably found no substantial grounds to believe the applicant faced a real risk of proscribed harm and that internal relocation in India was viable; accordingly there was no prospect of success and leave to apply for judicial review was refused.
27 Nov 2020

A v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE

Citation

[2020] HKCFI 2950
Court

Court of First Instance
Case number

HCAL81/2017

The Board's decision was quashed because it omitted to consider and give proper weight to material documentary evidence (notably an arrest warrant and corroborating documents) relevant to the Applicant's claim of persecution as an Ahmadi; that omission constituted an error of law rendering the Board's factual findings Wednesbury unreasonable and undermining its adverse credibility and risk conclusions.