Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Torture and ill-treatment (bor 3)

Legal area

Court

4 Nov 2025

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

Citation

[2025] HKCFI 2069
Court

Court of First Instance
Case number

HCAL231/2020

The Leave Application was dismissed because the Board's Decision contained detailed, reasonable findings of fact and law that the Applicant had not established a real risk of persecution, torture or arbitrary deprivation of life; there was no procedural unfairness, error of law or irrationality to warrant judicial review, and the proposed JR was not reasonably arguable with realistic prospects of success.
12 Sept 2024

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

Citation

[2024] HKCFI 2483
Court

Court of First Instance
Case number

HCAL850/2019

The court found that while the Board did not, as a matter of law, apply res judicata to bind itself to the Director's first-tier decision, the Board's 2019 decision was defective for failing to make sufficient inquiries into the Bengali supporting documents and the post-departure incidents, failing to give adequate reasons for rejecting them and for not holding an oral hearing or other minimal inquiry where fairness and joint endeavour required it; accordingly the Applicant established arguable grounds of illegality and procedural unfairness and leave to apply for judicial review was granted.