ROKA ROSHAN v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE

CACV 225/2025, [2026] HKCA 855

On Appeal From [2025] HKCFI 1465

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CIVIL APPEAL NO 225 OF 2025

(ON APPEAL FROM HCAL NO 82 OF 2020)

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J U D G M E N T

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The Court:

INTRODUCTION

1.  This is the Applicant’s appeal against the order of DHCJ Michael Wong (“the Judge”) dated 14 April 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 27 December 2019 (“the Board’s Decision”).

BACKGROUND

2.  The Applicant is a national of Nepal. The Applicant lodged a non-refoulement claim on the basis that, if refouled, he would be harmed or killed by a man named Arjun because his father was involved in a land dispute with Arjun, who was a member of the Nepalese Congress Party and the leader of that party in their village. The Applicant’s claim was rejected by the Director of Immigration (“the Director”) on 7 November 2018, and the appeal against the Director’s decision was rejected by the Board on 27 December 2019. 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.

3.  The Applicant’s application for leave to apply for judicial review was refused by the Judge on 14 April 2025. Details of the Judge’s reasons for refusing to grant leave can be found in the judgment.

GROUNDS OF APPEAL

4.  In the Notice of Appeal filed on 23 April 2025, the Applicant stated that:

“THE HIGH COURT DID NOT FIND ANY ERROR OF PROCEDING BUT I CAN SHOW MANY ERROR. GIVE ME A CHANCE TO SHOW THE ERROR OF THE ADJUDICATOR. MY APPLY SOULD NOT BE REFUSED.”

5.  The Applicant has failed to lodge written submissions in support of the appeal in accordance with the directions given by the Registrar of Civil Appeals. Accordingly, the Applicant is deemed to have waived the right to have an oral hearing of the appeal and elected to have the appeal disposed of on paper. Having considered the documents before us, we consider that it is appropriate to deal with the Applicant’s appeal on paper without an oral hearing.

LEGAL PRINCIPLES

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 below will not intervene by way of judicial review unless there are errors of law, procedural unfairness or irrationality in the decision of the Board: Re Kartini [2019] HKCA 1022.

DISCUSSION & DISPOSITION

8.  The matters raised in the Applicant’s Notice of Appeal are bare allegations without particulars. They do not constitute any valid grounds of appeal against the Judge’s decision.

9.  The Applicant has failed to identify or substantiate any error in the Judge’s decision refusing to grant leave to apply for judicial review, or raise any viable ground of appeal against the Order.

10.  The Applicant’s appeal has no merit, and is dismissed.