RE NIAZ SHAH

CACV 270/2026, [2026] HKCA 1715 On Appeal From [2026] HKCA 1112

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL CIVIL APPEAL NO 270 OF 2026 (ON APPEAL FROM HCAL NO 265 OF 2022) ________ RE:

NIAZ SHAH Applicant ______ Before: Hon G Lam JA and Winnie Tsui J in Court Date of Written Submissions: 15 July 2026 Date of Judgment: 25 September 2026 _____

J U D G M E N T ___ Hon Winnie Tsui J (giving the Judgment of the Court): 1. This is an application for leave to appeal to the Court of Final Appeal (“ CFA ”). The applicant is a Pakistani national whose claim for non-refoulement protection in Hong Kong was rejected by the Director of Immigration and by the Torture Claims Appeal Board/Non-refoulement Claims Petition Office (“ Board ”). His application for leave to apply for judicial review of the Board’s decision was dismissed by the Court of First Instance. His appeal against that decision was dismissed by this Court in our judgment dated 25 June 2026.

2. By Notice of Motion filed on 30 June 2026, the applicant seeks leave to appeal against our judgment to the CFA. In that document, the applicant stated that he wanted a chance to appeal to the CFA.

3. The applicant lodged written submissions which were received by the court on 15 July 2026. Those submissions mainly repeated the procedural history of his claim and explained how he had provided all necessary information to the decision-makers. He also stated that the Board’s decision was unreasonable and that his life was still in danger in his own country as his enemies still wanted to harm or kill him.

4. There is no reason for us to depart from the usual practice of determining an application for leave to appeal on the basis of the available materials without an oral hearing, as set out in paragraph 3 of Practice Direction 2.1.

5. We take the view that this application ought to be dismissed because the applicant has not shown that the intended appeal raises any question which, by reason of its great general or public importance, or otherwise, ought to be submitted to the CFA for decision (which is the condition for giving leave to appeal under section 22(1)(b) of the Hong Kong Court of Final Appeal Ordinance, Cap 484), and also because he has failed to show any prospects of success in the intended appeal.

6. Accordingly, the Notice of Motion is dismissed. (Godfrey Lam) Justice of Appeal (Winnie Tsui) Judge of the Court of First Instance The Applicant, unrepresented, acting in person