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CACV 387/2025, [2026] HKCA 837
On Appeal From [2025] HKCFI 2208
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF APPEAL
CIVIL APPEAL NO 387 OF 2025
(ON APPEAL FROM HCAL NO 408 OF 2020)
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BETWEEN
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SHEIKH AZAD |
Applicant |
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and |
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TORTURE CLAIMS APPEAL BOARD /
NON-REFOULEMENT CLAIMS PETITION OFFICE |
Putative
Respondent |
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and |
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DIRECTOR OF IMMIGRATION |
Putative |
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Interested Party |
_____________________
| Before: |
Hon Poon CJHC and Ng J in Court |
| Date of Judgment: |
7 May 2026 |
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J U D G M E N T
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The Court:
1. This is supposedly the Applicant’s appeal by Notice of Appeal filed on 10 June 2025 against the Order of DHCJ Levy (“the Judge”) dated 4 June 2025 (“the Order”) 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 21 January 2020 (“the Board’s Decision”).
2. In the Notice of Appeal filed on 10 June 2025, the Applicant even stated that:
“THE HIGH COURT DID NOT CONSIDER MY J.R. ADJUDICATOR DID NOT GIVE ME CORRECT DECISION. HIS DECISION IS FULL OF WRONG. PLEASE GRANT MY LEAVE.”
3. In fact, what the Judge did was to grant leave to apply for judicial review of the Board’s Decision. The Judge further directed in the Order:
“The applicant shall within 14 days file and issue an originating summons, which copy together with all the relevant documents shall be served on the Board as respondent and the Director as interested party.”
4. In these circumstances, it seems to us there is nothing for the Applicant to appeal against and the appeal is wholly misconceived.
5. For this simple reason, the Applicant’s appeal has no merits, and is hereby dismissed.
(Jeremy Poon)
Chief Judge of the
High Court
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(Peter Ng)
Judge of the Court of
First Instance
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The Applicant, acting in person
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