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CACV325/2025
ALI BADASHA v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE
Case Details
Case ReferenceCACV325/2025
CourtCourt of Appeal of the High Court 高等法院(上訴法庭)
Date Published2026-03-17
LanguageEnglish
NCN[2026] HKCA 334
Claimant / ApplicantALI BADASHA
Defendant / RespondentTORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE
JudgesHon Poon CJHC, Ng J
Judgment Summary
Facts
- •Applicant is an Indian national.
- •Non-refoulement claim rejected by Director on 3 December 2018.
- •Appeal rejected by Board on 20 November 2019.
- •Leave for judicial review refused by Deputy High Court Judge on 13 May 2025.
- •Applicant appealed to Court of Appeal acting in person.
Issues
- •Whether the Judge erred in refusing leave for judicial review.
- •Whether the Board relied on unofficial or outdated information.
- •Whether the applicant identified viable grounds of appeal with sufficient particulars.
Outcome
- •Appeal dismissed.
- •No viable grounds of appeal identified.
- •Judge's decision to refuse leave upheld.
Implication
- •Court of Appeal does not re-examine Board's decision afresh.
- •Applicants must identify specific errors by the Judge.
- •Bare assertions of hardship or unfairness are insufficient.
- •High threshold for appealing refusal of leave in non-refoulement cases.
Laws & Authorities Cited
- §Nupur Mst v Director of Immigration [2018] HKCA 524
- §Re Kartini [2019] HKCA 1022