Waqas Ur Rehman v. Torture Claims Appeal Board / Non-refoulement Claims Petition Office
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CACV 408/2025, [2026] HKCA 634 On Appeal From [2025] HKCFI 2076 IN THE HIGH COURT OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION COURT OF APPEAL CIVIL APPEAL NO. 408 OF 2025 (ON APPEAL FROM HCAL NO. 138 OF 2020) ________________________ BETWEEN
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________________________ J U D G M E N T ________________________ Hon Anthony Chan JA (giving the Judgment of the Court) : Introduction 1.This is the Applicant’s appeal against the order of Deputy High Court Judge (Non-refoulement Claims) Martin Wong (“Judge”) dated 3 June 2025 (“Order”) refusing to grant leave to apply for judicial review of the decision of the Torture Claims Appeal Board/Non-refoulement Claims Petition Office (“Board”) dated 9 January 2020 (“Board’s Decision”). Background 2.The Applicant is a national of Pakistan. On 26 July 2019, the Applicant lodged a non-refoulement claim on the basis that, if refouled, he would be harmed or killed by a person of opposing political affiliation[1]. The Applicant’s claim was rejected by the Director of Immigration (“Director”) on 27 September 2019, and the appeal against the Director’s decision was rejected by the Board on 9 January 2020. Details of the Applicant’s claim and the Board’s reasons for rejecting the Applicant’s appeal can be found in the Board’s Decision, the hyperlink to which can be found in the CALL-1 Form dated 3 June 2025[2]. 3.The Applicant’s application for leave to apply for judicial review was refused by the Judge on 3 June 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 the Notice of Appeal filed on 16 June 2025, the Applicant states the following :
5.In the written submissions filed on 11 March 2026, the Applicant essentially argues that :
6.At the hearing of this appeal, the Applicant said that he is unable to provide proof because he has no one in Pakistan. He is now married and has made an application for a dependant visa. Legal Principles 7.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)). 8.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 are errors of law or procedural unfairness or irrationality in the decision of the Board: Re Kartini [2019] HKCA 1022. Discussion and Disposition 9.All the matters raised in the Applicant’s Notice of Appeal and written submissions are general allegations without particulars. They do not constitute any valid grounds of appeal against the Judge’s decision. 10.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. 11.The Applicant’s appeal has no merit, and is dismissed with no order as to costs.
The Applicant appeared in person |
Cases cited in this judgment
Boimin Sunarti Alias Sunarti v. Torture Claims Appeal Board / Non-refoulement Claims Petition Office
Yulianah v. Torture Claims Appeal Board / Non-refoulement Claims Petition Office
Hussain Anwar v. Torture Claims Appeal Board / Non-refoulement Claims Petition Office
Nguyen Xuan Truong v. Torture Claims Appeal Board / Non-refoulement Claims Petition Office
Najeeb Rehman v. Torture Claims Appeal Board / Non-refoulement Claims Petition Office
Bui Linh Trang v. Torture Claims Appeal Board / Non-refoulement Claims Petition Office
Nguyen Xuan Thieu v. Torture Claims Appeal Board / Non-refoulement Claims Petition Office
Setiawan Agus v. Torture Claims Appeal Board / Non-refoulement Claims Petition Office
Ali Sheikh Asgar v. Torture Claims Appeal Board / Non-refoulement Claims Petition Office
Alam Mustak v. Torture Claims Appeal Board / Non-refoulement Claims Petition Office
Sk Wasim v. Torture Claims Appeal Board / Non-refoulement Claims Petition Office
Taufique Ahmad v. Torture Claims Appeal Board / Non-refoulement Claims Petition Office
Ramgiri Nagesh v. Torture Claims Appeal Board / Non-refoulement Claims Petition Office
Rusdiantoro Andi Prastyo v. Torture Claims Appeal Board / Non-refoulement Claims Petition Office
Nguyen Ba Luong v. Torture Claims Appeal Board / Non-refoulement Claims Petition Office
Dang Thi Tam v. Torture Claims Appeal Board / Non-refoulement Claims Petition Office
Ningsih Yoje v. Torture Claims Appeal Board / Non-refoulement Claims Petition Office
Gamlath Mohottige Hemamali Wasantha Jayampathie Gamlath v. Torture Claims Appeal Board / Non-refoulement Claims Petition Office
Atikah Nining v. Torture Claims Appeal Board / Non-refoulement Claims Petition Office
Ardiana Ayu v. Torture Claims Appeal Board / Non-refoulement Claims Petition Office
Further hearings and rulings under CACV 408/2025