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

[2025] HKCA 32 Court of Appeal 2 January 2025 • CACV338/2024 • 7 min read
13 cases cited (0 HK, 13 foreign) Cited by 1 case

Outcome

Appeal dismissed

we dismiss the appeal accordingly.

Source: [2025] HKCA 32, Court of Appeal, decided 2 January 2025. Read directly from the judgment.

Judges (2)

Parties (3)

Case Significance

RAI AAYUSH V. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE [2025] HKCA 32 is a Court of Appeal decision on a non-refoulement claim, following Rai Aayush v. Torture Claims Appeal Board / Non-refoulement Claims Petition Office [2024] HKCFI 1883. The appeal was brought under the Hong Kong Bill of Rights Ordinance, including section 8, and the Immigration Ordinance, and the Court of Appeal held: 'we dismiss the appeal accordingly.' The decision was later referenced in RE RAI AAYUSH [2025] HKCA 288.

Summary

Rai Aayush, a Nepalese national, appealed the refusal of leave to apply for judicial review of his non-refoulement claim. The Court of Appeal found no error in the lower court's assessment and dismissed the appeal.

What did the Court of Appeal decide in the RAI AAYUSH non-refoulement appeal [2025] HKCA 32?

The Court of Appeal dismissed the appeal in RAI AAYUSH V. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE [2025] HKCA 32, following Rai Aayush v. Torture Claims Appeal Board / Non-refoulement Claims Petition Office [2024] HKCFI 1883; the decision was later referenced in RE RAI AAYUSH [2025] HKCA 288.

Statutes Cited

Cases Cited (13)

HK (13)
[2013] 1 HKC 526 [2018] HKCA 14 [2018] HKCA 15 [2018] HKCA 152 [2018] HKCA 160 [2018] HKCA 162 [2018] HKCA 163 [2018] HKCA 17 [2018] HKCA 178 [2018] HKCA 37 [2018] HKCA 524 [2019] HKCA 1022 [2024] HKCFI 1883

Cited By (1)

Citation influence

HKLII records this judgment as cited by 1 later judgment. This counts every later Hong Kong judgment that references this case, which is broader than the resolved citations listed above.

Related cases

Other Hong Kong judgments involving the same parties or counsel.

Judgment

Read the full judgment on the official Hong Kong Courts portal.

Read on HKLII

Source: HKLII ([2025] HKCA 32)