Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Torture risk under immigration law

Legal area

Court

29 Jun 2020

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

Citation

[2020] HKCFI 1394
Court

Court of First Instance
Case number

HCAL1925/2018

The Board properly exercised its discretion by considering both the procedural failings and the merits; there was no error of law or procedure and the applicants had no reasonable prospect of success on the merits because their risk claims were unsubstantiated and state protection/internal relocation were viable; accordingly extension of time was refused and the leave application dismissed.
7 Sept 2018

KHAN MD ATAUR RAHMAN v. CHAN LING-LING TRACY, ESQ AND ANOTHER [Decision on Leave Application]

Citation

[2018] HKCFI 1984
Court

Court of First Instance
Case number

HCAL3/2018

Leave was refused because the applicant failed to identify any arguable error of law or procedural unfairness by the Director or the Board; the applicant's grounds were broad, vague and lacking particulars; the Board's adverse credibility findings and reliance on objective COI supporting availability of internal relocation and state protection were reasonable; accordingly there was no real prospect of success on judicial review.