MADUBUGWU, INNOCENT OGECHUKWU v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE

CACV 527/2025, [2026] HKCA 582

On Appeal From [2025] HKCFI 2791

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CIVIL APPEAL NO. 527 OF 2025

(ON APPEAL FROM HCAL NO. 535 OF 2020)

____________________

____________________

________________

JUDGMENT

________________

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

1.  This is the Applicant’s appeal against the order of Deputy High Court Judge (Non-refoulement Claims) YW Hew (“Judge”) dated 11 July 2025 by which his application for leave to apply for judicial review (“Leave Application”) against the decision of the Torture Claims Appeal Board (“Board”) mistakenly dated 3 March 2019[1] (“Board’s Decision”) was dismissed. By that decision, the Board upheld the decision of the Director of Immigration (“Director”) rejecting the Applicant’s non-refoulement claim.

2.  The Applicant is a national of Nigeria.  The basis of his non-refoulement claim had been set out in detail in the Board’s Decision, which may be viewed online via the hyperlink contained in footnote 1 of the CALL-1 Form.  In gist, the Applicant claims that if he returns home, he will be killed or harmed by members of terrorist groups or the Nigerian army.

3.  In [9] to [16] of the CALL-1 Form, the Judge gave detailed reasons for refusing the Leave Application.

4.  By a Notice of Appeal filed on 22 July 2025, the Applicant appeals against the Judge’s decision.  The Applicant contends that:

“I totally disagreed with decision making authorities. The decisions by the Director and Board were not reasonable and fair. There are errors of law or procedural unfairness. The assessors did not consider state acquiescence rather relied much on country of origin information.

I am pleading for a thorough judicial review and to overturn the Judgement because of the real and personal risk of my life upon my return to my country.”

5.  This appeal was scheduled to be heard on 26 March 2026.  The Applicant has failed to lodge any skeleton argument in support of his appeal in accordance with the directions given by the Registrar of Civil Appeals on 11 February 2026.  Accordingly, the Applicant is deemed to have waived his 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.

6.  The general approach of this Court in dealing with appeals in non-refoulement cases has been set out in Nupur Mst v Director of Immigration [2018] HKCA 524 at [14].  In particular, in an appeal against refusal of leave to apply for judicial review in non-refoulement cases, this Court 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.  This Court’s role is not to examine the Board’s decision afresh as if it is a fresh application for judicial review (see Nupur Mst at [14(6)]).

7.  Further, 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 is an error of law or procedural unfairness or irrationality in the decision of the Board: Re Kartini [2019] HKCA 1022 at [13].

8.  We note that all of the grounds of appeal are concerned with alleged errors made by the Board and the Director, and not with any error of the Judge.  The Applicant has thus failed to advance any viable ground of appeal.

9.  In the premises, this appeal is dismissed with no order as to costs.

[1]  It appears that the Board’s Decision was made on 3 March 2020.