NILA MOMOTAJ AKTER v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE

CACV 465/2025, [2026] HKCA 846

On Appeal From [2025] HKCFI 2544

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CIVIL APPEAL NO 465 OF 2025

(ON APPEAL FROM HCAL NO 2443 OF 2019)

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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 To (“the Judge”) dated 18 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 19 August 2019 (“the Board’s Decision”).

BACKGROUND

2.  The Applicant is a national of Bangladesh. The Applicant lodged a non-refoulement claim on the basis that, if refouled, she would be harmed or killed by members of the Awami League and her creditor because of her participation in the activities of the Jamaat-e-Islami. The Applicant’s claim was rejected by the Director of Immigration (“the Director”) on 29 August 2017, and the appeal against the Director’s decision was rejected by the Board on 19 August 2019. Details of the Applicant’s claim and the Board’s reasons for rejecting the Applicant’s appeal can be found in the CALL-1 Form dated 18 June 2025.

3.  The Applicant’s application for leave to apply for judicial review was refused by the Judge on 18 June 2025. Details of the Judge’s reasons for refusing to grant leave can be found in the CALL-1 Form.

GROUNDS OF APPEAL

4.  In the Notice of Appeal filed on 2 July 2025, the Applicant stated that:

“I am Disagree with The decision Maker Authorities. The Decision Made by The Director of Immegration, as well as decision made by The Torture Claims Appeal Board. I do not Think my claim determined Fairly.”

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 elect 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 all 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.