RASHED JOARDER alias RASHED RASHEDUL ISLAM RASHED v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE

RASHED JOARDER alias RASHED RASHEDUL ISLAM RASHED v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE

The appeal is dismissed because the applicant failed to identify or substantiate any error in the judge's refusal to grant leave; the grounds advanced were bare allegations without particulars and no viable ground of appeal was made out.

Citation
[2026] HKCA 722
Parties
Applicant: RASHED JOARDER alias RASHED RASHEDUL ISLAM RASHED; Putative Respondent: TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE; Putative Interested Party: DIRECTOR OF IMMIGRATION
Court
Court of Appeal
Jurisdiction
Hong Kong
Judgment Date
15 May 2026
Case Number
CACV606/2025
Procedural Posture
Appeal Against Refusal of Leave to Apply for Judicial Review (non Refoulement) / Court of Appeal Judgment on Appeal From High Court (cfi)
Outcome
Appeal dismissed
Legal Topics
Non Refoulement, Judicial Review, Torture Claim, Irrationality, Leave to Apply for Judicial Review
Source Language
EN
Administrative Law Immigration Law Human Rights Law Non Refoulement Judicial Review Torture Claim Irrationality Leave to Apply for Judicial Review

Case Brief

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Parties

RASHED JOARDER alias RASHED RASHEDUL ISLAM RASHED

Applicant

TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE

Putative Respondent

DIRECTOR OF IMMIGRATION

Putative Interested Party

Procedural Posture

Appeal Against Refusal of Leave to Apply for Judicial Review (non Refoulement) / Court of Appeal Judgment on Appeal From High Court (cfi)

Legal Issues

  1. 1 Whether the judge erred in refusing leave to apply for judicial review
  2. 2 Whether the Board's decision was irrational
  3. 3 Whether procedural unfairness occurred

Ratio Decidendi

The appeal is dismissed because the applicant failed to identify or substantiate any error in the judge's refusal to grant leave; the grounds advanced were bare allegations without particulars and no viable ground of appeal was made out.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed.