TAJAMMAL HUSSAIN V. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE

[2025] HKCA 257 Court of Appeal 31 March 2025 • CACV456/2024 • 3 min read

1 cases cited (0 HK, 1 foreign)

Outcome

Leave to appeal refused

leave to appeal is refused and the Notice of Motion is dismissed.

Source: [2025] HKCA 257, Court of Appeal, decided 31 March 2025. Read directly from the judgment.

Judges (2)

Chow Coram Lisa Wong Coram

Parties (3)

Director of Immigration Putative Interested Party Torture Claims Appeal Board / Non-Refoulement Claims Petition Office Putative Respondent Tajammal Hussain Applicant

Case Significance

In Tajammal Hussain v. Torture Claims Appeal Board / Non-Refoulement Claims Petition Office [2025] HKCA 257, the Court of Appeal considered an application for leave to appeal in a non-refoulement matter. Applying section 22(1)(b) of the Hong Kong Court of Final Appeal Ordinance, the court held that 'leave to appeal is refused and the Notice of Motion is dismissed,' following earlier Court of First Instance proceedings in Tajammal Hussain v. Torture Claims Appeal Board / Non-Refoulement Claims Petition Office [2024] HKCFI 2815.

Summary

Tajammal Hussain, a Pakistani national, applied for leave to appeal to the Court of Final Appeal against the Court of Appeal's dismissal of his non-refoulement judicial review appeal. The Court found no question of great general or public importance and dismissed the notice of motion.

What did the Court of Appeal rule in Tajammal Hussain v. Torture Claims Appeal Board [2025] HKCA 257?

The Court of Appeal held that leave to appeal is refused and the Notice of Motion is dismissed, applying section 22(1)(b) of the Hong Kong Court of Final Appeal Ordinance to the non-refoulement claim.