Hong Kong Case Law: Decisions & Judgments

Topic

Torture definition

Legal area

Court

18 May 2026

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

Citation

[2026] HKCFI 2801
Court

Court of First Instance
Case number

HCAL779/2023

Leave to apply for judicial review refused because the Board's decision contained no arguable error of law, procedural unfairness or irrationality; the Board's adverse credibility findings and factual assessments were open on the evidence and the claim did not meet the legal thresholds for non-refoulement or torture under the USM, so the proposed judicial review had no realistic prospect of success.
3 Mar 2026

TRAN THI HAU v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

Citation

[2026] HKCFI 1256
Court

Court of First Instance
Case number

HCAL1015/2021

The leave application was dismissed because it was filed well outside the statutory time limit without satisfactory explanation and, independently, the Board's decision showed no error of law, procedural unfairness or irrationality and thus the applicant failed to establish a reasonably arguable claim with realistic prospects of success; accordingly no extension of time or leave to apply for judicial review was granted.
21 Jan 2025

RE NGUYEN THANH THINH

Citation

[2025] HKCA 88
Court

Court of Appeal
Case number

CACV265/2024

The appeal was dismissed because the applicant failed to identify any error of law, procedural unfairness or irrationality in the Board's or Judge's decisions; credibility findings and conclusions on state protection/internal relocation fell within the Board's fact‑finding province and there was no realistic prospect of success for judicial review.
1 Mar 2024

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

Citation

[2024] HKCFI 627
Court

Court of First Instance
Case number

HCAL2096/2023

Leave to apply for judicial review was refused because the application was substantially out of time with no reasonable explanation and, on its merits, the proposed challenge had no realistic prospect of success: the Board's credibility findings and alternative factual and legal findings (including viability of internal relocation and failure to meet thresholds for refugee status or torture) involved no error of law, procedural unfairness or irrationality and satisfied the applicable standards.
15 Jul 2019

RE SHIPON MD

Citation

[2019] HKCA 716
Court

Court of Appeal
Case number

CACV35/2019

The Court held that the applicant's failure to lodge a skeleton argument justified vacating the hearing and considering the appeal on paper; the Deputy Judge correctly refused leave for judicial review because the Board is the appropriate forum with primary fact-finding powers and the applicant failed to demonstrate exceptional circumstances or reasonably arguable grounds; accordingly leave for judicial review was dismissed.
24 Jul 2018

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

Citation

[2018] HKCFI 1628
Court

Court of First Instance
Case number

HCAL712/2017

Leave to apply for judicial review was refused because the applicant's grounds were not reasonably arguable: both the Director and the TCAB considered relevant, objective and up-to-date COI and reasonably concluded on the applicant's own facts that her fear arose from private disputes, that State protection and internal relocation were available, that there was no real risk of torture/CIDTP or persecution, and there was no procedural unfairness or legal error amounting to Wednesbury unreasonableness.

Hong Kong Case Law

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

TRAN THI HAU v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

RE NGUYEN THANH THINH

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

RE SHIPON MD

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