Case Document

100%

CACV 134/2026, [2026] HKCA 672

On Appeal From [2026] HKCFI 810

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CIVIL APPEAL NO. 134 OF 2026

(ON APPEAL FROM HCAL NO. 1740 OF 2021)

__________________

RE:

SABIR HUSSAIN

Applicant

__________________

Before:

Hon Cheung JA and Au-Yeung J in Court

Date of Judgment:

29 April 2026

__________________

JUDGMENT

__________________

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

1.This is the applicant’s appeal against the order of Deputy High Court Judge Sabrina Ho dated 10 February 2026 ([2026] HKCFI 810) (‘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 10 December 2021 (‘the Board’s Decision’), whereby the Board dismissed his appeal/petition against the decision of the Director of Immigration (‘the Director’) dated 16 August 2018, refusing his non-refoulement claim on all applicable grounds other than torture risk which was previously determined on 22 May 2013 by the Torture Claims Appeal Board[1].

2.This appeal was scheduled to be heard on 8 April 2026. Despite the directions from the Court to the applicant dated 16 February 2026 (‘Directions’), the applicant failed to lodge written submission by the stipulated time. Accordingly, by [11] of the Directions, the hearing of the appeal was vacated and the Court will now deal with this appeal on paper.

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 [8], [13] of the Leave Decision[2].

4.The applicant is a national of Pakistan. He claimed to have arrived in Hong Kong via the Mainland in May 2007 illegally by boat. He made a torture claim in or around July 2007. The basis of his claim is that if he returned to Pakistan, he would be harmed or killed by Nadeem and his associates[3].

5.The Judge also sets out in detail the grounds advanced by the applicant in support of the Leave Application and her reasons for refusing the Leave Application: see [6]-[7], [12]-[17] of the Leave Decision. We will not repeat the details herein.

6.By the Notice of Appeal filed on 16 February 2026, the applicant stated the following :

‘ I am disagree with the decision maker authorities. Sir decision maker not give me justice, they make decision same like Torture Claims Appeal Board / Director of Immigration. Decision maker not proper investigation in my case. Sir my life have so danger in my home country. Please grant my case for safety of my life. I do not think my case determined fairly.’

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.