Hong Kong Case Law: Decisions & Judgments

Topic

Translation/interpreter issues

Legal area

Court

19 Oct 2018

SUNARSIH v. DIRECTOR OF IMMIGRATION AND ANOTHER [Decision on Leave Application]

Citation

[2018] HKCFI 2299
Court

Court of First Instance
Case number

HCAL306/2018

Leave to apply for judicial review was refused because the applicant failed to demonstrate any arguable error of law or procedural unfairness in the Director's or the Board's decisions: the risks alleged were localised, COI supported reasonable internal relocation, there was no evidential basis that BOR2/BOR3 or torture risks would be violated, and absence of translation or continued legal representation did not render the process unfair; therefore no real prospect of success was shown.
20 Jul 2018

MD HASNAIN v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

Citation

[2018] HKCFI 1694
Court

Court of First Instance
Case number

HCAL953/2017

Leave was refused because the court found no reasonably arguable case: the Director and Board properly applied the law, there was no procedural unfairness or material error of law, the risk was localized and internal relocation in India was reasonable and available, and the applicant failed to demonstrate prejudice from lack of counsel or translation or from the Director's non-attendance.
2 Oct 2015

HKSAR v. MUHAMMAD SAQIB

Citation

HKSAR v. MUHAMMAD SAQIB
Court

Court of Appeal
Case number

CACC232/2015

The application for bail pending appeal was refused because the applicant failed to demonstrate any ground of appeal likely to succeed; the conviction rested on credible positive identification and the alibi and supporting evidence were weak, while the absence of forensic evidence was neutral.

Hong Kong Case Law

SUNARSIH v. DIRECTOR OF IMMIGRATION AND ANOTHER [Decision on Leave Application]

MD HASNAIN v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

HKSAR v. MUHAMMAD SAQIB