RAI TIKA KUMARI V. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE

[2025] HKCA 311 Court of Appeal 11 April 2025 • CACV387/2024 • 4 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 311, Court of Appeal, decided 11 April 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 Rai Tika Kumari Applicant

Case Significance

Rai Tika Kumari v Torture Claims Appeal Board / Non-refoulement Claims Petition Office [2025] HKCA 311 is a Court of Appeal decision dated 11 April 2025 addressing an application for leave to appeal under the Hong Kong Court of Final Appeal Ordinance, including section 22(1)(b), in a non-refoulement matter. The Court of Appeal refused leave, holding that 'leave to appeal is refused and the Notice of Motion is dismissed.' The application followed the earlier Court of First Instance decision in Rai Tika Kumari v Torture Claims Appeal Board / Non-refoulement Claims Petition Office [2024] HKCFI 2279.

Summary

Rai Tika Kumari, a Nepalese national, applied for leave to appeal to the Court of Final Appeal against the Court of Appeal's dismissal of her 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 decide in Rai Tika Kumari v Torture Claims Appeal Board ([2025] HKCA 311)?

The Court of Appeal refused leave to appeal in Rai Tika Kumari v Torture Claims Appeal Board / Non-refoulement Claims Petition Office [2025] HKCA 311, holding that 'leave to appeal is refused and the Notice of Motion is dismissed,' under Hong Kong Court of Final Appeal Ordinance section 22(1)(b).