Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Torture and cidtp (part viic immigration ordinance)

Legal area

Court

29 Jul 2024

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

Citation

[2024] HKCFI 1885
Court

Court of First Instance
Case number

HCAL1180/2019

Leave to apply for judicial review was refused because applicants failed to show any realistic prospect of success: the Board's findings on low severity of past ill-treatment, availability of state protection and viability of internal relocation were not shown to be legally flawed, and no child-specific non-refoulement grounds were identified that had been missed due to lack of representation; non-compliance with Order 80 r 2 was a mere irregularity and did not invalidate the 2nd applicant's application.
29 Mar 2019

SELLAIAH MURUGESAN v. THE ADJUDICATOR OF THE NON-REFOULEMENT CLAIMS PETITION OFFICE AND ANOTHER [Decision on Leave Application]

Citation

[2019] HKCFI 258
Court

Court of First Instance
Case number

HCAL529/2018

Leave refused because the applicant failed to identify any arguable legal error, procedural unfairness or irrationality in the Director's and Board's decisions; both bodies reasonably assessed the evidence, concluded the risk was localized and low, and properly considered state protection and internal relocation, leaving no realistic prospect of success on judicial review.