Khan Qasim Raza v. Torture Claims Appeal Board / Non-refoulement Claims Petition Office
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CACV 444/2025, [2026] HKCA 833 On Appeal From [2025] HKCFI 1889 IN THE HIGH COURT OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION COURT OF APPEAL CIVIL APPEAL NO 444 OF 2025 (ON APPEAL FROM HCAL NO 2882 OF 2019) ________________________
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________________ J U D G M E N T ________________ The Court: INTRODUCTION 1.This is the Applicant’s appeal against the order of DHCJ KW Lung (“the Judge”) dated 17 June 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 27 September 2019 (“the Board’s Decision”). BACKGROUND 2.The Applicant is a national of Pakistan. The Applicant lodged a non-refoulement claim on the basis that, if refouled, he would be harmed or killed by the people of Choudhry clan, the gangsters because of a dispute over the use of a cricket playground in the area where he lived. The Applicant’s claim was rejected by the Director of Immigration (“the Director”) on 16 December 2013 and 22 August 2018, and the appeal against the Director’s decision was rejected by the Board on 27 September 2019. Details of the Applicant’s claim and the Board’s reasons for rejecting the Applicant’s appeals can be found in the judgment dated 17 June 2025 (“the Judgment”). 3.The Applicant’s application for leave to apply for judicial review was refused by the Judge on 17 June 2025. Details of the Judge’s reasons for refusing to grant leave can be found in the Judgment. GROUNDS OF APPEAL 4.In the Notice of Appeal filed on 26 June 2025, the Applicant stated that:
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 matters raised in the Applicant’s Notice of Appeal are all bare allegations without particulars. They do not constitute any valid grounds of appeal against the Judge’s decision. 9.The Applicant has failed to identify or substantiate 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.
The Applicant, acting in person | |||||||||||||||||||||||||||
Cases cited in this judgment