HARDEV SINGH v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE

CACV 390 /2025, [2026] HKCA 92

On appeal from [2025] HKCFI 2293

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CIVIL APPEAL NO 390 OF 2025

(ON APPEAL FROM HCAL NO 240 OF 2020)

________________________

________________________

J U D G M E N T

________________________

Hon Kwan VP (giving the Judgment of the Court):

Background

1.  This is an appeal against the decision of Deputy High Court Judge Levy dated 6 June 2025 refusing to grant leave to the applicant to apply for judicial review against the decision of the Torture Claims Appeal Board concerning his non‑refoulement claim ([2025] HKCFI 2293). 

Grounds of appeal

2.  In the notice of appeal filed on 11 June 2025, the applicant stated that his grounds of appeal are that the gravity of his circumstances has not been weighed or realised by the putative respondents and he should be given an opportunity to plead his case properly. 

3.  The applicant initially gave a written confirmation indicating that he would like the appeal to be disposed of by oral hearing.  He subsequently filed a request for dismissal of appeal on 10 November 2025.  We therefore found that the appeal can be dismissed on the basis of his request for dismissal.  We consider that it becomes unnecessary to dispose of the appeal by oral hearing.

4.  In any event, we also take the view that the appeal is without merit as the applicant’s grounds of appeal are just bare assertions without sufficient particulars or evidence in support.  He had filed supporting affirmation and had the opportunity to make oral submissions before the judge in his leave application so there is no basis for him to complain that he should be given the opportunity to plead his case properly.  The applicant also failed to identify any error in the judge’s decision. 

5.  For the above reasons, the appeal is dismissed accordingly.