KHAN ANWAR v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE

CACV 832/2025, [2026] HKCA 745

On Appeal From [2025] HKCFI 3655

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CIVIL APPEAL NO 832 OF 2025

(ON APPEAL FROM HCAL NO 3339 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 KW Lung (“the Judge”) dated 25 September 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 1 November 2019 (“the Board’s Decision”).

BACKGROUND

2.  The Applicant is a national of Pakistan. On 13 November 2007, the Applicant lodged a non-refoulement claim on the basis that, if refouled, he would be harmed by his two step-brothers due to a land dispute. The Applicant’s claim was rejected by the Director of Immigration (“the Director”) on 11 July 2014 and 17 February 2017, and the appeals against the Director’s decisions were respectively rejected by the Board. Details of the Applicant’s claim and the Board’s reasons for rejecting the Applicant’s appeals 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 25 September 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 his Notice of Appeal filed on 6 October 2025, the Applicant states the following:

“I plead to the Judges of court of appeal to review my Application. The decision is unreasonable.”

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 matter raised in the Applicant’s Notice of Appeal consist of one bare allegation without particulars. It does not constitute any valid ground of appeal against the Judge’s decision.

9.  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.

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