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CACV407/2025
MOHAMMED EKBAL KHAN v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE
Case Details
Case ReferenceCACV407/2025
CourtCourt of Appeal of the High Court 高等法院(上訴法庭)
Date Published2026-03-17
LanguageEnglish
NCN[2026] HKCA 337
Claimant / ApplicantMOHAMMED EKBAL KHAN
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 claims rejected by Director and Board.
- •Leave for judicial review refused by Deputy High Court Judge.
- •Applicant appealed to Court of Appeal.
- •Applicant acted in person.
- •Applicant married Hong Kong resident in 2025.
Issues
- •Did the Judge err in refusing leave for judicial review?
- •Were there errors of law or irrationality in the Board's decision?
- •Did the applicant establish viable grounds of appeal?
Outcome
- •Appeal dismissed.
- •No error of law or unfairness found.
- •Applicant's grounds lacked substance.
Implication
- •CA reviews Judge's decision, not Board's afresh.
- •Applicants must specify errors with particulars.
- •Bare assertions are insufficient for leave.
- •Risk assessment lies with Board/Director.
Laws & Authorities Cited
- §Nupur Mst v Director of Immigration [2018] HKCA 524
- §Re Kartini [2019] HKCA 1022