RE RUBEL ATIQUL ISLAM

CACV 415/2026, [2026] HKCA 1169

On Appeal From [2026] HKCFI 2018

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CIVIL APPEAL NO 415 OF 2026

(ON APPEAL FROM HCAL NO 1393 OF 2025)

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J U D G M E N T

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

1.  This is the applicant’s appeal against the order of Deputy High Court Judge KW Lung (“the Judge”)  dated 14 April 2026 ([2026] HKCFI 2018)  (“the Leave Decision”)  dismissing 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 30 May 2025 (“the Board’s Decision”), whereby the Board dismissed his appeal against the decision of the Director of Immigration dated 14 February 2025, refusing his non-refoulement claim.

2.  The applicant is a national of Bangladesh.  The basis of his non-refoulement claim is, if refouled, he would be harmed or killed by his uncle over a land dispute and his political enemies.  His 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 [3] - [9] of the Leave Decision.  The Judge has set out his reasons for refusing the Leave Application at [10] - [17] of the Leave Decision.  We will not repeat the details herein.

3.  By the Notice of Appeal filed on 23 April 2026, the applicant claimed:

“THE HIGH COURT DID NOT CONSIDER MY JR ADJUDICATOR DID NOT GIVE ME CORRECT DECISION. HIS DECISION IS FULL OF WRONG. PLEASE GRANT MY LEAVE.” (sic)

4.  In support of his appeal, the applicant also lodged his written submissions on 28 May 2026.  In those submissions, he claimed that the Judge erred in failing to apply the principles of irrationality, procedural unfairness, and unreasonableness and that the Judge failed to analyse his claims properly.  The applicant alleged that his problems remain severe in his home country and his enemies are still looking for him and he will face hardship upon refoulement. He further complained that the Board failed to give him sufficient chance to arrange relevant evidence and irrationally failed to analyse whether there was a consistent pattern of gross and mass violation of human rights in his country and whether state protection existed.

5.  We heard the appeal on 15 June 2026.  A Bengali interpreter was also present to provide language assistance.  During the hearing, the applicant confirmed he had nothing to add to his written materials.

DISCUSSION

6.  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].

7.  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)].

8.  At the outset, the applicant’s assertions are new grounds not raised before the Judge.  It is well established that this Court will generally not entertain new arguments which are fact-and-evidence sensitive which have not been canvassed at the Court of First Instance and for which leave has not been sought within time: Nupur Mst v Director of Immigration [2018] HKCA 524 at [14]; Re Gurpreet Singh [2021] HKCA 1740 at [15].  On this basis alone, his appeal must be dismissed.

9.  In any event, we see no merit in his contentions. Nowhere in his Notice of Appeal did the applicant identify any error committed by the Judge with specific particulars.  His assertions against the Board are general and bare allegations unsupported by specific particulars or evidence. In any event, the Board gave the applicant ample opportunities, both orally and in writing, to present his case[1]. Both the Board and the Judge had given detailed reasons for their respective decisions.  General assertions of fear if refouled do not constitute proper grounds of appeal: Re Saldua Dorothy Trifalgar [2022] HKCA 627 at [6]. The Judge had thoroughly analysed the applicant’s case and given detailed reasons for finding the applicant’s intended judicial review not reasonably arguable.  We see no error in the Leave Decision.

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