← Back to all casesEN
CACV860/2025
AKTHAR MST POPY v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE
Case Details
Case ReferenceCACV860/2025
CourtCourt of Appeal of the High Court 高等法院(上訴法庭)
Date Published2026-03-17
LanguageEnglish
NCN[2026] HKCA 346
Claimant / ApplicantAKTHAR MST POPY
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 rejected by Director on 27 April 2018.
- •Appeal rejected by Board on 14 November 2019.
- •Leave for judicial review refused by Judge on 3 October 2025.
- •Applicant appealed to Court of Appeal.
- •Applicant acted in person with Bengali interpreter.
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's grounds of appeal were viable and substantiated.
Outcome
- •Appeal dismissed.
- •Court found no viable grounds of appeal.
- •No basis to interfere with Judge's decision.
Implication
- •Appeals against refusal of leave focus on the Judge's decision, not fresh review.
- •Mere assertions of risk without legal errors are insufficient.
- •Court respects Board's assessment of evidence unless irrational.
Laws & Authorities Cited
- §Nupur Mst v Director of Immigration [2018] HKCA 524
- §Re Kartini [2019] HKCA 1022