HOSSAIN AIKB v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE

CACV 194/2026, [2026] HKCA 794

On Appeal From [2026] HKCFI 1026

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CIVIL APPEAL NO. 194 OF 2026

(ON APPEAL FROM HCAL NO. 1 OF 2022)

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J U D G M E N T

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Hon Anthony Chan JA (giving the Judgment of the Court) :

Introduction

1.  This is the Applicant’s appeal against the order of Deputy High Court Judge (Non-refoulement Claims) Sabrina Ho (“Judge”) dated 25 February 2026 (“Order”) refusing to grant leave to apply for judicial review of the decision of the Torture Claims Appeal Board/Non-refoulement Claims Petition Office (“Board”) dated 18 November 2021 (“Board’s Decision”).

Background

2.  The Applicant is a national of Bangladesh. On 12 November 2020, the Applicant lodged a non-refoulement claim on the basis that, if refouled, he would be harmed or killed by people from Awami League. The Applicant also claimed that he is wanted by the Bangladeshi police. The Applicant’s claim was rejected by the Director of Immigration (“Director”) on 29 June 2021, and the appeal against the Director’s decision was rejected by the Board’s Decision. 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, the hyperlink to which can be found in the CALL-1 Form dated 25 February 2026.[1] 

3.  The Applicant’s application for leave to apply for judicial review was refused by the Judge on 25 February 2026. 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 3 March 2026, the Applicant states the following :

“I am Disagree with The decision Maker Authorities, decision Maker not give me Justice. decision Maker Make totally unfair Decision. Sir I Think Judicial system have some Error. my decision same like Torture claim appeal Board / director of [Immigration]. Sir my life have [threatening] in my Home country. our police not help us. please Recheck my case. I do not Think my case determined Fairly.” (sic)

5.  In the skeleton argument filed on 9 April 2026, the Applicant essentially argues that:

(1)  The Director and the Board wrongly assessed the Applicant’s non-refoulement claim.

(2)  The Applicant’s right to life is protected under the Basic Law and the Bill of Rights.

(3)  Non-refoulement claimants are discriminated by the authorities who dispose of their cases on the basis of speed.

(4)  The Director failed to give sufficient weight to state acquiescence, or failed to take such matter into account before reaching his decision.

(5)  The Board placed too much reliance on country of origin information and failed to take into account the Applicant’s personal background and experience.

(6)  The Director failed to give sufficient weight to country of origin information that the police in the Applicant’s country would not be able to protect him.

(7)  The Board dismissed the Applicant’s appeal based on the findings which supported the opposite result.

6.  At the hearing of this appeal, the Applicant had nothing further to add.

Legal Principles

7.  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)).

8.  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 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: Re Kartini [2019] HKCA 1022.

Discussion and Disposition

9.  All the matters raised in the Applicant’s Notice of Appeal and skeleton argument are general allegations without particulars. They do not constitute any valid grounds of appeal against the Order.

10.  The Applicant has failed to identify or show 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.

11.  The Applicant’s appeal has no merit, and is dismissed with no order as to costs.