ABBAS RAEES V. TORTURE CLAIMS APPEAL BOARD/ NON-REFOULEMENT CLAIMS PETITION OFFICE

[2025] HKCA 286 Court of Appeal 2 April 2025 • CAMP207/2024 • 3 min read

2 cases cited (0 HK, 2 foreign)

Outcome

Leave to appeal refused

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

Source: [2025] HKCA 286, Court of Appeal, decided 2 April 2025. Read directly from the judgment.

Judges (2)

Au Coram Chow Coram

Parties (3)

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

Case Significance

In Abbas Raees v. Torture Claims Appeal Board/ Non-Refoulement Claims Petition Office [2025] HKCA 286, 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 Abbas Raees v. Torture Claims Appeal Board / Non-Refoulement Claims Petition Office [2024] HKCFI 1676 and [2024] HKCFI 2740.

Summary

Abbas Raees applied for leave to appeal to the Court of Final Appeal against the Court of Appeal's dismissal of his non-refoulement judicial review time extension application. The Court found no question of great general or public importance and no prospects of success, and dismissed the notice of motion.

What did the Court of Appeal decide in Abbas Raees v. Torture Claims Appeal Board [2025] HKCA 286?

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.