ISLAM MD SAFIKUL v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE

CACV 778/2025, [2026] HKCA 810

On appeal from [2025] HKCFI 4146

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CIVIL APPEAL NO 778 OF 2025

(ON APPEAL FROM HCAL NO 664 OF 2020)

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BETWEEN

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JUDGMENT

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The Court:

INTRODUCTION

1.  This is the applicant’s appeal against the order of Deputy High Court Judge (Non-refoulement Claims) YW Hew (“the Judge”) dated 16 September 2025, [1]refusing to grant leave to apply for judicial review of the decision of the Torture Claims Appeal Board/Non-refoulement Claims Petition Office (“the Board”) dated 13 March 2020 (“the Board’s Decision”) whereby the Board dismissed his appeal against the decision of the Director of Immigration (“the Director”) dated 10 January 2019 (“the Director’s Decision”).

BACKGROUND

2.  The applicant is a national of Bangladesh. He lodged a non-refoulement claim with the Immigration Department on the basis that, if refouled, he would be harmed or killed by people from the Awami League due to a political dispute. The applicant’s non-refoulement claim was rejected by the Director, and his appeal against it was rejected by the Board on 13 March 2020. Details of the applicant’s claim and the Board’s reasons for rejecting the applicant’s appeal can be found in the Board’s Decision, the hyperlink to which can be found in the Form CALL-1 dated 16 September 2025 (“the Form CALL-1”).

3.  The applicant’s application for leave to apply for judicial review was refused by the Judge and details of the Judge’s reasons for refusing to grant leave can be found in the Form CALL-1.

GROUNDS OF APPEAL

4.  By a notice of appeal filed on 22 September 2025, the applicant sought to appeal the Judge’s decision to this court. For the grounds of appeal, the applicant stated that (sic) “I am disagree with the decision maker authorities. The decision maker authorities not give me justice. They make decision as well as Torture Claims Appeal Aboard and director of Immigration. That is unbelievable. I do not think my claim determined so fast. I need a justice. My life have still threating in my home country. I need stay in Hong Kong for protection of my life.”

5.  The appeal was scheduled to be heard on 12 March 2026. The applicant has failed to lodge any skeleton argument in support of his appeal in accordance with the directions given by the Registrar of Civil Appeals on 15 January 2026. Accordingly, the applicant is deemed to have waived his right to have an oral hearing of the appeal, and elected to have the appeal disposed of on paper. The applicant was informed of the same by the court’s letter dated 12 February 2026.

DISCUSSION & DISPOSITION

6.  In an appeal against refusal of leave to apply for judicial review in non-refoulement cases, the Court of Appeal would only examine the decision of the judge in light of the grounds advanced by the applicant. If no viable ground is put forward to reverse the judge’s decision, the appeal should be dismissed. The Court of Appeal’s role is not to examine the Board’s decision afresh as if it was a fresh application for judicial review (see Nupur Mst v Director of Immigration [2018] HKCA 524, at §14(6)).

7.  The assessment of evidence, country of origin information, risk of harm, state protection and viability of internal relocation are primarily within the province of the Board and the Director. The court will not intervene by way of judicial review unless there are errors of law or procedural unfairness or irrationality in the decision of the Board: Re Kartini [2019] HKCA 1022.

8.  In the present case, the Judge found no error of law or procedural unfairness or irrationality in the decision of the Board. The mere assertions as stated in the grounds of appeal, which were not substantiated, do not constitute any viable grounds of appeal against the Judge’s decision.

9.  For the above reasons, the applicant’s appeal is devoid of merits. We dismiss it accordingly.