Re: SIDHU INDERPAL SINGH

CACV 281/2026, [2026] HKCA 1234

On Appeal From [2026] HKCFI 1323

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CIVIL APPEAL NO 281 OF 2026

(ON APPEAL FROM HCAL NO 1209 OF 2021)

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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 (Non-refoulement Claims) Lewis Law (“the Judge”) dated 10 March 2026 ([2026] HKCFI 1323) (“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 9 July 2021 (“the Board’s Decision”), whereby the Board dismissed his appeal/petition against the decision of the Director of Immigration (“the Director”) dated 28 December 2020 (“the Director’s Decision”), refusing his non‑refoulement claim.

2.This appeal was scheduled to be heard on 27 May 2026.  Despite the directions from the Court dated 20 March 2026 (“Directions”), the applicant failed to lodge written submission by the stipulated time.  Accordingly, by paragraph 11 of the Directions, the hearing of the appeal was vacated and the Court will proceed to deal with this appeal on paper.

3.The applicant is a national of India.  The basis of his non‑refoulement claim is, if refouled, his alleged wife’s family would kill him because he got married to their daughter against their will, as the applicant and his alleged wife belonged to different castes.  The applicant’s background, the basis of his claim and the 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 [2] of the Leave Decision.  The Judge also sets out in detail his reasons for refusing the Leave Application: see [3] ‑ [4] of the Leave Decision.  We will not repeat the details herein.

4.By the Notice of Appeal filed on 20 March 2026, the applicant asserted:

“I want to apply judicial review against my ORDER because I am not satisfied with my ORDER.”

5.As mentioned above, the applicant failed to lodge his written submissions in support of his appeal.

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.Given that the applicant merely stated his disagreement with the Leave Decision without condescending upon particulars and failed to advance any proper ground of appeal, his appeal is a non-starter.  We see no basis to interfere with the Leave Decision.

9.Accordingly, the applicant’s appeal against the Leave Decision has no merit and is dismissed.

The applicant acting in person