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CACV558/2025
HOSSAIN MD TOFAZZAL v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE & DIRECTOR OF IMMIGRATION
Case Details
Case ReferenceCACV558/2025
CourtCourt of Appeal of the High Court 高等法院(上訴法庭)
Date Published2026-03-17
LanguageEnglish
NCN[2026] HKCA 344
Claimant / ApplicantHOSSAIN MD TOFAZZAL
Defendant / RespondentTORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE
JudgesHon Poon CJHC, Ng J
Judgment Summary
Facts
- •Applicant is a national of Bangladesh.
- •Claimed risk of harm from Awami League members due to complaint against a gangster.
- •Non-refoulement claim rejected by Director and Board.
- •Leave for judicial review refused by Court of First Instance.
- •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 or procedural unfairness in the Board's decision.
- •Whether the applicant provided viable and substantiated grounds of appeal.
Outcome
- •Appeal dismissed.
- •No viable grounds of appeal identified.
- •Judge's decision upheld.
Implication
- •Court of Appeal does not re-examine Board decisions afresh on leave appeals.
- •Applicants must substantiate errors with particulars.
- •Mere assertions of risk or unfairness are insufficient grounds.
Laws & Authorities Cited
- §Nupur Mst v Director of Immigration [2018] HKCA 524
- §Re Kartini [2019] HKCA 1022