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CACV363/2025
KHAN SARFARAZ NAWAZ v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE
Case Details
Case ReferenceCACV363/2025
CourtCourt of Appeal of the High Court 高等法院(上訴法庭)
Date Published2026-03-17
LanguageEnglish
NCN[2026] HKCA 336
Claimant / ApplicantKHAN SARFARAZ NAWAZ
Defendant / RespondentTORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE
JudgesHon Poon CJHC, Ng J
Judgment Summary
Facts
- •Applicant is an Indian national.
- •Claimed fear of harm from creditor and family dispute.
- •Director rejected non-refoulement claim on 8 May 2017.
- •Board dismissed appeal on 23 December 2019.
- •High Court refused leave for judicial review on 22 May 2025.
- •Applicant appealed to Court of Appeal acting in person.
Issues
- •Whether the Judge erred in refusing leave for judicial review.
- •Whether there were errors of law, procedural unfairness or irrationality in the Board's decision.
- •Whether the applicant provided viable grounds of appeal with sufficient particulars.
Outcome
- •Appeal dismissed.
- •No error of law, procedural unfairness or irrationality detected.
- •Applicant's grounds lacked substance.
Implication
- •Court of Appeal does not re-evaluate evidence afresh in leave refusals.
- •Applicants must identify specific errors with particulars.
- •Bare assertions of risk do not constitute viable grounds of appeal.
Laws & Authorities Cited
- §Bill of Rights Ordinance (Cap. 383), Art. 2
- §Nupur Mst v Director of Immigration [2018] HKCA 524
- §Re Kartini [2019] HKCA 1022