AKINCHANG BENEDICTA BALINGAO V. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE

[2024] HKCFI 286 Court of First Instance 30 January 2024 • HCAL1973/2019 • 9 min read

6 cases cited (0 HK, 6 foreign) Cited by 3 cases

Judges (1)

Parties (3)

Director of Immigration Putative Interested Party Torture Claims Appeal Board / Non-Refoulement Claims Petition Office Putative Respondent Akinchang Benedicta Balingao Applicant

Case Significance

Akinchang Benedicta Balingao v. Torture Claims Appeal Board / Non-refoulement Claims Petition Office [2024] HKCFI 286 concerned an application for leave to apply for judicial review of the Torture Claims Appeal Board's rejection of a non-refoulement claim founded on fear of a creditor over an unrepaid debt. Deputy High Court Judge K.W. Lung refused leave, observing that the Board should have applied the Court of Final Appeal's approach rather than a risk-management approach; leave to apply for judicial review was refused, per [2024] HKCFI 286. The matter proceeded further in Re Akinchang Benedicta Balingao [2024] HKCA 512 and again in Re Akinchang Benedicta Balingao [2026] HKCA 264, and the earlier decision was also cited in Dinh Thi Thanh Ha v. Torture Claims Appeal Board / Non-refoulement Claims Petition Office [2025] HKCFI 267, another non-refoulement leave application before the Court of First Instance.

Why was leave to apply for judicial review refused in Akinchang Benedicta Balingao v. Torture Claims Appeal Board [2024] HKCFI 286?

Deputy High Court Judge K.W. Lung refused leave in respect of a non-refoulement claim based on fear of a creditor over an unrepaid debt, observing the Board should have applied the Court of Final Appeal's approach rather than a risk-management approach, per [2024] HKCFI 286.

What happened after the Court of First Instance decision in Akinchang Benedicta Balingao [2024] HKCFI 286?

The matter returned to the Court of Appeal in Re Akinchang Benedicta Balingao [2024] HKCA 512 and again in Re Akinchang Benedicta Balingao [2026] HKCA 264, and the original refusal was cited in a separate non-refoulement matter, Dinh Thi Thanh Ha v. Torture Claims Appeal Board [2025] HKCFI 267.

Statutes Cited

Hong Kong Bill of Rights Ordinance (Cap 383)

Immigration Ordinance (Cap 115)

Rules of the High Court (Cap 4A)

Cases Cited (6)

HK (6)

(2004) 7 HKCFAR 187 [2013] 1 HKC 526 [2016] HKCFI 336 [2018] HKCA 524 [2019] HKCA 1022 [2023] HKCFI 1692

Cited By (3)

[2026] HKCA 264

RE AKINCHANG BENEDICTA BALINGAO

[2025] HKCFI 267

DINH THI THANH HA V. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE

[2024] HKCA 512

RE AKINCHANG BENEDICTA BALINGAO

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.

[2024] HKCA 512 Court of Appeal

11 June 2024

[2026] HKCA 264 Court of Appeal

25 February 2026

[2025] HKCFI 267 Court of First Instance

6 February 2025