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CACV784/2025
MARYUNI v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE
Case Details
Case ReferenceCACV784/2025
CourtCourt of Appeal of the High Court 高等法院(上訴法庭)
Date Published2026-03-17
LanguageEnglish
NCN[2026] HKCA 340
Claimant / ApplicantMARYUNI
Defendant / RespondentTORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE
JudgesJeremy Poon CJHC, Peter Ng J
Judgment Summary
Facts
- •Applicant is an Indonesian national.
- •Claimed fear of harm from father and ex-boyfriend due to out-of-wedlock birth.
- •Director of Immigration rejected claim on 7 May 2018.
- •Torture Claims Appeal Board dismissed appeal on 1 November 2019.
- •Deputy High Court Judge refused leave for judicial review on 9 September 2025.
- •Applicant has a 17-year-old daughter in Hong Kong.
- •Applicant acted in person with an Indonesian interpreter.
Issues
- •Error in refusing leave for judicial review.
- •Existence of viable grounds for appeal.
- •Sufficiency of particulars in grounds of appeal.
- •Scope of Court of Appeal's review in leave refusals.
Outcome
- •Appeal dismissed.
- •No error of law, procedural unfairness, or irrationality detected.
- •Grounds of appeal lacked substance.
- •No basis to interfere with Judge's decision.
Implication
- •Court of Appeal does not re-examine Board's decision afresh on leave appeals.
- •Bare assertions without particulars are insufficient for appeal.
- •Assessment of evidence is primarily for the Board and Director.
- •Intervention requires error of law, procedural unfairness, or irrationality.
Laws & Authorities Cited
- §Nupur Mst v Director of Immigration [2018] HKCA 524
- §Re Kartini [2019] HKCA 1022