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

[2025] HKCA 38 Court of Appeal 2 January 2025 • CACV311/2024 • 14 min read
21 cases cited (0 HK, 21 foreign) Cited by 1 case

Outcome

Appeal dismissed

we dismiss the appeal accordingly.

Source: [2025] HKCA 38, Court of Appeal, decided 2 January 2025. Read directly from the judgment.

Judges (2)

Parties (3)

Case Significance

SHRESTHA SANI V. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE [2025] HKCA 38 is a Court of Appeal decision on a non-refoulement claim, following Shrestha Sani v. Torture Claims Appeal Board [2024] HKCFI 1968. 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 SHRESTHA SANI [2025] HKCA 292.

What did the Court of Appeal decide in SHRESTHA SANI V. TORTURE CLAIMS APPEAL BOARD [2025] HKCA 38?

The Court of Appeal dismissed the appeal in SHRESTHA SANI V. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE [2025] HKCA 38, following Shrestha Sani v. Torture Claims Appeal Board [2024] HKCFI 1968; the decision was later referenced in RE SHRESTHA SANI [2025] HKCA 292.

Statutes Cited

Cases Cited (21)

HK (21)
[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 246 [2018] HKCA 328 [2018] HKCA 37 [2018] HKCA 400 [2018] HKCA 524 [2018] HKCA 549 [2019] HKCA 377 [2019] HKCA 430 [2022] HKCA 1053 [2022] HKCA 48 [2023] HKCA 1261 [2024] HKCFI 1968

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 38)