RIAZ DANYAL v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE

CACV 236/2025, [2026] HKCA 927

On Appeal from [2025] HKCA 967

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CIVIL APPEAL NO 236 OF 2025

(ON APPEAL FROM HCAL NO 2889 OF 2019)

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J U D G M E N T

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Hon Cheng J (giving the Judgment of the Court):

1.  The applicant filed a Notice of Motion on 11 November 2025 to apply for leave to appeal to the Court of Final Appeal against the judgment of the Court of Appeal handed down on 6 November 2025 ([2025] HKCA 967).

2.  Having considered the papers in this case, we consider that it is appropriate to determine this application on paper and proceed to do so.

Grounds for seeking leave

3.  In his Notice of Motion, the applicant stated that the Board’s decision in refusing his appeal was unreasonable or irrational or a result of procedural errors or unfairness.

Analysis and disposition

4.  The applicant filed a request for dismissal of the Notice of Motion on 28 April 2026.  His application can therefore be dismissed on the basis of his request for dismissal.   BOR

5.  In any event, we also take the view that the intended appeal is without merit as the applicant’s grounds of appeal are just bare assertions. He failed to identify any error in our decision, nor did he identify any question of great general or public importance which ought to be submitted to the Court of Final Appeal for determination in accordance with section 22(1)(b) of the Hong Kong Court of Final Appeal Ordinance (Cap 484). There is also no basis for granting leave on the ‘or otherwise’ limb under section 22(1)(b).

6.  For the above reasons, we dismiss the Notice of Motion.