Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Torture (bor3)

Legal area

Court

18 Mar 2019

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

Citation

[2019] HKCFI 675
Court

Court of First Instance
Case number

HCAL653/2018

Leave to apply for judicial review is refused because the Adjudicator lawfully and reasonably considered the applicant's case on the materials before him, there was no procedural unfairness or prejudice from lack of counsel or language difficulties, no arguable error of law or irrationality, and the applicant has no realistic prospect of success.
27 Jul 2018

RE AS

Citation

[2018] HKCA 446
Court

Court of Appeal
Case number

CACV93/2018

Leave to apply for judicial review was refused because there was no arguable error of law in the Director's or Board's decisions: they gave adequate reasons, their adverse credibility and risk assessments were open on the evidence, state protection and internal relocation were reasonably available on the COI, the applicant failed to identify new material or legal error, and the Judge correctly applied the standards for refusal of leave and for paper determination under Order 53 r.3(3).