ASGHAR SHAH ALI v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE

CACV 1158/2025, [2026] HKCA 1123

On Appeal From [2025] HKCFI 5513

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CIVIL APPEAL NO 1158 OF 2025

(ON APPEAL FROM HCAL NO 1377 OF 2020)

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JUDGMENT

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Hon Chow JA (giving the Judgment of the Court):

1.  On 4 December 2025, Deputy High Court Judge (Non-refoulement Claims) Y W Hew made an order refusing to grant to the Applicant leave to apply for judicial review. The intended judicial review was against the decision of the Torture Claims Appeal Board/Non-refoulement Claims Petition Office dated 24 June 2020, whereby the Board dismissed the Applicant’s appeal against the decision of the Director of Immigration dated 6 August 2018 rejecting his non-refoulement claim.

2.  On 13 February 2026, this Court gave its judgment (“the CA Judgment”) dismissing the Applicant’s appeal against the order of the Judge.  The basic facts of this case and the Court’s reasons for dismissing the Applicant’s appeal have been set out in the CA Judgment and will not be repeated here.

3.  By a Notice of Motion filed on 16 February 2026, the Applicant applied for leave to appeal the CA Judgment to the Court of Final Appeal.  In the Notice of Motion, the Applicant makes some general allegations against the “law maker authorities”, but has not identified any supposed error in the CA Judgment..

4.  In his written submissions dated 27 February 2026 filed in support of the application, the Applicant alleges that his case was not determined fairly and he does not know how his case was determined, complains about the lack of legal and language assistance, and makes some general allegations against the Adjudicator.

5.  Pursuant to paragraph 3 of Practice Direction 2.1, we determine the present application for leave to appeal on paper without an oral hearing.

6.  Under s 22(1)(b) of the Hong Kong Court of Final Appeal Ordinance, Cap 484, an appeal shall lie to the Court of Final Appeal at the discretion of the Court of Appeal or the Court of Final Appeal in any civil cause or matter if, in the opinion of the Court of Appeal or the Court of Final Appeal (as the case may be), the question involved in the appeal is one which, by reason of its great general or public importance, or otherwise, ought to be submitted to the Court of Final Appeal for decision.

7.  The Applicant’s complaint about the lack of legal or language assistance is a new complaint that was not raised in his appeal.  He is not permitted to raise this new complaint, which is fact-sensitive, in the present application.  In any event, it has no validity since it is well established that a non-refoulement claimant has no absolute entitlement to legal or language assistance at all stage of the proceedings for the assessment or determination of a non-refoulement claim.  No question of great general or public importance involved in the intended appeal is identified in the Notice of Motion.  We are unable to see any such question being involved in the intended appeal.  The Applicant has not raised any viable ground of appeal against the CA Judgment.  We are satisfied that the intended appeal has no reasonable prospect of success.

8.  There is also no basis to grant leave to appeal on the “or otherwise” limb in s 22(1)(b) of the Hong Kong Court of Final Appeal Ordinance.

9.  Accordingly, the application for leave to appeal is refused and the Notice of Motion is dismissed.