Hong Kong Case Law: Decisions & Judgments

Topic

Torture (cat) risk

Legal area

Court

5 Sept 2024

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

Citation

[2024] HKCA 822
Court

Court of Appeal
Case number

CAMP115/2024

The application for extension of time to appeal was refused because the delay was substantial and unexplained, the applicant failed to present viable grounds or particulars making the intended appeal hopeless, and no legal error, procedural unfairness or irrationality was shown in the Board's decision which turned on credibility assessments within the Board's province.
23 Jan 2024

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

Citation

[2024] HKCFI 118
Court

Court of First Instance
Case number

HCAL1205/2019

Leave was refused because the applicants failed to show any realistic or arguable prospect of success: the Board lawfully accepted uncontested facts, rationally assessed evidence and COI, found the asserted risks unsubstantiated, properly considered child-specific issues including the minor's entitlement to Indonesian citizenship, and there was no procedural unfairness or prejudice arising from lack of representation to justify judicial review.
13 Feb 2018

RE MD ALI ASGHER

Citation

[2018] HKCA 85
Court

Court of Appeal
Case number

CACV265/2017

Leave to apply for judicial review was properly refused because the applicant's grounds were unsubstantiated and not reasonably arguable; the Director and the Appeal Board lawfully and properly considered the COI and evidence, found state protection available, and their conclusions were not Wednesbury unreasonable or affected by procedural unfairness; pending legal aid proceedings did not create a lawful basis to delay or stay the leave decision.

Hong Kong Case Law

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

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

RE MD ALI ASGHER