Hong Kong Case Law: Decisions & Judgments

Topic

Torture claim

Legal area

Court

19 May 2026

VAITHILINGAM SIVARAJ v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

Citation

[2026] HKCFI 2794
Court

Court of First Instance
Case number

HCAL456/2022

Leave was refused because the applicant failed to identify any reasonably arguable legal error, procedural unfairness or irrationality in the Board’s decision; the Board’s adverse credibility findings and conclusions that state protection and internal relocation made return safe were within permissible evaluation and not susceptible to judicial intervention on review.
19 May 2026

RE SURYADI AHMAD

Citation

[2026] HKCA 964
Court

Court of Appeal
Case number

CACV237/2026

The appeal fails because the applicant advanced no viable ground of legal error, procedural unfairness or irrationality in the Board's decision; the Board's factual findings on lack of real risk and availability of state protection/internal relocation were open to it on the evidence; the Judge correctly refused leave; lifting the statutory stay was appropriate given the applicant's consent and absence of prejudice.
18 May 2026

DO NGOC BINH v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE

Citation

[2026] HKCA 940
Court

Court of Appeal
Case number

CACV197/2026

The appeal was dismissed because the applicant failed to identify any viable ground or show error in the Judge's refusal of leave; general, unparticularised allegations do not justify overturning the refusal and the court will not substitute its own assessment for the Board absent error of law or procedural unfairness.
15 May 2026

UGOT REMICHELLE SUMAOANG AND ANOTHER v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE

Citation

[2026] HKCA 759
Court

Court of Appeal
Case number

CACV787/2025

The appeal is dismissed because the applicants failed to identify any viable legal ground to overturn the Judge's refusal of leave; the Court will not substitute its view for the Board on factual or risk assessments absent error of law, procedural unfairness or irrationality, and the Judge lawfully and adequately considered the minor's claim.
15 May 2026

RASHED JOARDER alias RASHED RASHEDUL ISLAM RASHED v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE

Citation

[2026] HKCA 722
Court

Court of Appeal
Case number

CACV606/2025

The appeal is dismissed because the applicant failed to identify or substantiate any error in the judge's refusal to grant leave; the grounds advanced were bare allegations without particulars and no viable ground of appeal was made out.
14 May 2026

ZEESHAN MUSHTAQ v. NON-REFOULEMENT CLAIMS PETITION OFFICE [Decision on Leave Application]

Citation

[2026] HKCFI 2768
Court

Court of First Instance
Case number

HCAL1337/2021

Leave was refused because the Applicant failed to demonstrate any public law error, irrationality or procedural unfairness in the Board's decision; absent such demonstration judicial review cannot supplant the Board's credibility and fact‑finding.
6 May 2026

RE ASIQUE HOSSAIN

Citation

[2026] HKCA 904
Court

Court of Appeal
Case number

CACV1221/2025

The Judge properly exercised his discretion to strike out the Form 86 because the applicant failed to produce the alleged 14 October 2020 decision, the Board and the DOJ confirmed no such decision existed, and no error was shown to disturb the strike out.
6 May 2026

LEANA CATUR MARIA MAHDA v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE [Decision on Leave Application]

Citation

[2026] HKCFI 2568
Court

Court of First Instance
Case number

HCAL2206/2023

The court dismissed the application because the applicant validly applied to withdraw the leave application and there was nothing outstanding in the action; in such circumstances dismissal is the correct order rather than leaving the action at large.
5 May 2026

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

Citation

[2026] HKCFI 1907
Court

Court of First Instance
Case number

HCAL968/2022

The applicant failed to identify any grounds of judicial review or demonstrate a reasonably arguable case; review of the Board's decision disclosed no error of law, procedural unfairness or irrationality, the Board gave adequate reasons, found state protection and internal relocation viable, and therefore leave to apply for judicial review was properly refused.
30 Apr 2026

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

Citation

[2026] HKCA 751
Court

Court of Appeal
Case number

CACV334/2025

The appeal is dismissed because the applicant failed to identify or substantiate any error in the judge's refusal to grant leave, advanced only bare allegations without particulars and offered no viable grounds to reverse the order.