SHAHZAD AAMIR v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE

CACV 258/2025, [2026] HKCA 615

On Appeal from [2025] HKCA 970

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CIVIL APPEAL NO 258 OF 2025

(ON APPEAL FROM HCAL NO 3559 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.  This is the applicant’s Notice of Motion 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 970).

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

Grounds for seeking leave

3.  The applicant stated that that the respondent had unlawfully fettered his discretion by refusing the appeal on the grounds that “they did not satisfy the requirements”, and the respondent also failed to “meet the greater care and duty”. He further asserted that his life is still in danger in his homeland.   

Analysis and Disposition

4.  The applicant filed a request for dismissal of the Notice of Motion on 19 March 2026.  His application can therefore be dismissed on the basis of his request for dismissal.  

5.  In any event, we also take the view that the application 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 filed on 11 November 2025.