ANUMBA EMEKA FRANK v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE

CACV 47/2025, [2026] HKCA 42

On Appeal From [2025] HKCFI 132

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CIVIL APPEAL NO 47 OF 2025

(ON APPEAL FROM HCAL NO 1920 OF 2019)

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J U D G M E N T

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Hon G Lam JA (giving the Judgment of the Court):

1.  This is an application for leave to appeal to the Court of Final Appeal (“CFA”). The applicant is a Nigerian national whose claim for non-refoulement protection in Hong Kong was rejected by the Director of Immigration and by the Torture Claims Appeal Board/Non-refoulement Claims Petition Office (“Board”). His application for leave to apply for judicial review of the Board’s decision was dismissed by the Court of First Instance. His appeal against that decision was dismissed by this Court in our judgment dated 4 September 2025.

2.  By Notice of Motion filed on 19 September 2025, the applicant seeks leave to appeal against our judgment to the CFA.  In that document the applicant stated that the evidence presented by him was compelling; that there were errors or procedural unfairness or irrationality in the decision of the Director, the Board and the judges; and that they failed to take into proper consideration that the applicant would be harmed or killed upon his return to his country.  His written submissions in essence repeated these complaints.

3.  There is no reason for us to depart from the usual practice of determining an application for leave to appeal on the basis of the available materials without an oral hearing, as set out in paragraph 3 of Practice Direction 2.1.

4.  We take the view that this application ought to be dismissed because the applicant has not shown that the intended appeal raises any question which, by reason of its great general or public importance, or otherwise, ought to be submitted to the CFA for decision (which is the condition for giving leave to appeal under section 22(1)(b)  of the Hong Kong Court of Final Appeal Ordinance, Cap 484), and also because he has failed to show any prospects of success in the intended appeal.

5.  Accordingly, the Notice of Motion is dismissed.