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

[2025] HKCA 346 Court of Appeal 15 April 2025 • CACV233/2024 • 6 min read

2 cases cited (0 HK, 2 foreign)

Outcome

Appeal dismissed

the appeal fails on all applicable grounds and dismissed the appeal on 18 October 2023.

Source: [2025] HKCA 346, Court of Appeal, decided 15 April 2025. Read directly from the judgment.

Judges (2)

Au Coram Kwan Coram

Parties (3)

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

Case Significance

Nani v Torture Claims Appeal Board / Non-refoulement Claims Petition Office [2025] HKCA 346 is a Court of Appeal decision dated 15 April 2025 concerning a non-refoulement claim under the Hong Kong Bill of Rights Ordinance, including section 8, and the Immigration Ordinance. The Court of Appeal dismissed the challenge, holding that 'the appeal fails on all applicable grounds and dismissed the appeal on 18 October 2023.' The matter followed an earlier ruling by the Court of First Instance in Nani v Torture Claims Appeal Board / Non-refoulement Claims Petition Office [2024] HKCFI 1337, with the Court of Appeal's reasoning also referring to the non-refoulement precedent in [2018] HKCA 524.

What was the result of the appeal in Nani v Torture Claims Appeal Board ([2025] HKCA 346)?

The Court of Appeal dismissed the non-refoulement appeal in Nani v Torture Claims Appeal Board / Non-refoulement Claims Petition Office [2025] HKCA 346, holding that 'the appeal fails on all applicable grounds and dismissed the appeal on 18 October 2023.'