MANEBOY WILLIAM MONTERO V. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE
Judges (1)
Case Significance
Maneboy William Montero v Torture Claims Appeal Board / Non-refoulement Claims Petition Office [2024] HKCFI 2442 concerned an application for leave to apply for judicial review brought by a Filipino national against the Torture Claims Appeal Board's decision affirming the Director of Immigration's rejection of a non-refoulement claim made under Article 2 of the Bill of Rights. In its decision of 11 September 2024, the Court of First Instance found no error of law or procedural unfairness in the Board's determination and no realistic prospect of success in the proposed challenge, and on that basis dismissed the leave application. In reaching its decision, the court had regard to the earlier authorities in [2018] HKCA 524 and (2007) 10 HKCFAR 676. The matter proceeded further, with the Court of Appeal recording the same case name in [2025] HKCA 205 and [2025] HKCA 334, and a further application before the Court of First Instance in [2026] HKCFI 3097.
What did the Court of First Instance decide in Maneboy William Montero v Torture Claims Appeal Board / Non-refoulement Claims Petition Office ([2024] HKCFI 2442)?
In [2024] HKCFI 2442, the Court of First Instance found no error of law or procedural unfairness in the Torture Claims Appeal Board's decision and no realistic prospect of success in the proposed judicial review, dismissing the leave application.
What claim was at issue in Maneboy William Montero v Torture Claims Appeal Board / Non-refoulement Claims Petition Office ([2024] HKCFI 2442)?
The applicant, a Filipino national, sought leave for judicial review of the Torture Claims Appeal Board's affirmation of the Director's rejection of his non-refoulement claim made under Article 2 of the Hong Kong Bill of Rights.
Did the case continue after the 2024 Court of First Instance decision ([2024] HKCFI 2442)?
Yes. The Court of Appeal later dealt with the same case name in [2025] HKCA 205 and [2025] HKCA 334, and a further application was recorded before the Court of First Instance in [2026] HKCFI 3097.
Statutes Cited
Cases Cited (2)
Cited By (3)
Citation influence
HKLII records this judgment as cited by 3 later judgments. This counts every later Hong Kong judgment that references this case, which is broader than the resolved citations listed above.
Related cases
Other Hong Kong judgments involving the same parties or counsel.
Judgment
Read the full judgment on the official Hong Kong Courts portal.
Read on HKLIISource: HKLII ([2024] HKCFI 2442)