Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Torture risk (part viic, cap.115)

Legal area

Court

23 Jan 2026

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

Citation

[2026] HKCFI 440
Court

Court of First Instance
Case number

HCAL72/2021

The applicant has no realistic prospect of success because the Board’s adverse credibility findings were supported by the evidence (claims were bare assertions and improbable), no error of law or procedural unfairness was demonstrated, and therefore leave to apply for judicial review is refused.
18 Jan 2024

HARDEV SINGH v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

Citation

[2024] HKCFI 238
Court

Court of First Instance
Case number

HCAL2482/2020

Leave to apply for judicial review was refused because the Applicant's grounds were vague, lacked necessary particulars and did not identify any legal error, irrationality or procedural unfairness in the Director's or Board's decisions; the Board provided thorough reasons, properly assessed credibility and risk, and reasonably concluded there was no real risk of BOR 2 violation or torture given availability of state protection and internal relocation, so there was no prospect of success on judicial review.