ESTIMA JORDAN GADGADAN V. TORTURE CLAIMS APPEAL BOARD

[2025] HKCA 394 Court of Appeal 5 June 2025 • CACV536/2024 • 7 min read

3 cases cited (0 HK, 3 foreign)

Outcome

Leave to appeal dismissed

leave to apply for judicial review was dismissed without a hearing.

Source: [2025] HKCA 394, Court of Appeal, decided 5 June 2025. Read directly from the judgment.

Judges (2)

Cheng Coram Chow Coram

Parties (3)

Director of Immigration Putative Interested Party Torture Claims Appeal Board Putative Respondent Estima Jordan Gadgadan Applicant

Case Significance

Estima Jordan Gadgadan v Torture Claims Appeal Board [2025] HKCA 394 concerned an application under the Hong Kong Bill of Rights Ordinance, including section 8, the Immigration Ordinance, and the Rules of the High Court. The application followed the first-instance decision in Estima Jordan Gadgadan v Torture Claims Appeal Board [2024] HKCFI 3384, with the Court of Appeal referring to its earlier rulings in [2018] HKCA 524 and [2019] HKCA 1022. The court held that "leave to apply for judicial review was dismissed without a hearing."

Summary

Estima Jordan Gadgadan, a Filipino national, appealed the refusal of leave to apply for judicial review of his non-refoulement claim. The Court of Appeal considered the appeal at an oral hearing.

What was the outcome in Estima Jordan Gadgadan v Torture Claims Appeal Board [2025] HKCA 394?

The Court of Appeal held that "leave to apply for judicial review was dismissed without a hearing," in a matter concerning the Hong Kong Bill of Rights Ordinance and the Immigration Ordinance, following the first-instance ruling in [2024] HKCFI 3384.