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CACV755/2025
DEWAN MD HATEM alias HATEM v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE
Case Details
Case ReferenceCACV755/2025
CourtCourt of Appeal of the High Court 高等法院(上訴法庭)
Date Published2026-03-17
LanguageEnglish
NCN[2026] HKCA 345
Claimant / ApplicantDEWAN MD HATEM alias HATEM
Defendant / RespondentTORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE
JudgesHon Poon CJHC, Ng J
Judgment Summary
Facts
- •Applicant is a national of Bangladesh.
- •Non-refoulement claim lodged based on fear of killing by Awami League.
- •Director of Immigration rejected claim on 14 December 2018.
- •Board rejected appeal on 12 September 2019.
- •Leave for judicial review refused by Deputy High Court Judge To on 4 September 2025.
- •Applicant appealed to Court of Appeal acting in person.
Issues
- •Whether the Judge erred in refusing leave for judicial review.
- •Whether the Board's decision contained errors of law or procedural unfairness.
- •Whether the Board acted unreasonably regarding country of origin information.
- •Whether the applicant provided sufficient particulars of error.
Outcome
- •Appeal dismissed.
- •No viable grounds of appeal identified.
- •No interference with the Judge's decision warranted.
Implication
- •Court of Appeal does not re-examine Board decisions afresh.
- •Applicants must identify specific errors with particulars.
- •Mere assertions lack substance for viable grounds.
- •Evidence assessment is primarily for the Board.
Laws & Authorities Cited
- §Nupur Mst v Director of Immigration [2018] HKCA 524
- §Re Kartini [2019] HKCA 1022