RE SHAMSHER SINGH

CACV 160/2025, [2026] HKCA 519

On Appeal From [2025] HKCFI 1147

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CIVIL APPEAL NO. 160 OF 2025

(ON APPEAL FROM HCAL NO. 1862 OF 2024)

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JUDGMENT

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

1.  This is the applicant’s appeal against the order of Deputy High Court Reuden Lai dated 21 March 2025 ([2025] HKCFI 1147) (‘the Leave Decision’) refusing his application for leave to apply for judicial review (‘the Leave Application’) against the decision of the Torture Claims Appeal Board/Non-refoulement Claims Petition Office (‘the Board’) dated 26 September 2024 (‘the Board’s Decision’), whereby the Board dismissed his appeal against the decision of the Director of Immigration (‘the Director’) dated 18 July 2024, refusing his non‑refoulement claim.

2.  The applicant did not request an oral hearing and consented to the appeal being disposed of on paper by the Court[1]. We will accordingly deal with the appeal on paper on the basis of the materials already filed with the Court.

3.  The applicant’s background, the basis of his claim and arguments advanced before the Board as well as the Board’s reasons for rejecting his appeal are all set out in the Board’s Decision: see [2]‑[3], [22]‑[26] of the Leave Decision[2].

4.  The applicant entered Hong Kong illegally in April 2024. He made a non‑refoulement claim in May 2024. The basis of his claim is that if he returned to India, he would be harmed or killed by a farmer called Darbara who is a member of Akali Dal Party because he voted for the rival Congress Party[3].

5.  The Judge also sets out in detail the grounds advanced by the applicant in support of the Leave Application and his reasons for refusing the Leave Application: see [13]‑[14], [21]‑[30] of the Leave Decision. We will not repeat the details herein.

6.  By the Notice of Appeal filed on 28 March 2025, the applicant stated the following only: 

‘I am not agree with High Court decision.’

I.  Discussion

7.  The relevant legal principles governing appeals in non‑refoulement cases are set out in Nupur Mst v Director of Immigration [2018] HKCA 524 at [14].

8.  In particular, in an appeal against refusal of leave to apply for judicial review in non‑refoulement cases, the Court of Appeal will 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’s role is not to examine the decision maker’s decision afresh as if it were a fresh application for judicial review. See Nupur Mst v Director of Immigration [2018] HKCA 524 at [14(6)].

9.  In light of the above, it is thus incumbent on the applicant to point out the errors in the Leave Decision with sufficient particulars and specifics.

10.  However, nowhere in his Notice of Appeal did the applicant identify any error committed by the Judge with specific particulars. His assertions are all general, bare and vague allegations unsupported by specific particulars or evidence. General assertions of his fear if refouled do not constitute proper grounds of appeal: Re Saldua Dorothy Trifalgar [2022] HKCA 627 at [6]. The Court will not usurp the role of the Board. Assessment of evidence, country of origin information materials, risk of harm, state protection and viability of internal relocation are primarily within the province of the Board (and the Director). The Court will not intervene by way of judicial review unless there are errors of law or procedural unfairness or irrationality in the decision of the Board. No such error was demonstrated by the applicant. Clearly, his assertions do not constitute viable grounds of appeal and lack substance. We see no basis to interfere with the Leave Decision.

11.  For the above reasons, the applicant’s appeal against the Leave Decision has no merit and is dismissed.