RE MIAH KADER

[2025] HKCA 485 Court of Appeal 4 June 2025 • CACV396/2024 • 7 min read
13 cases cited (0 HK, 13 foreign)

Outcome

Appeal dismissed

we dismiss the appeal accordingly.

Source: [2025] HKCA 485, Court of Appeal, decided 4 June 2025. Read directly from the judgment.

Judges (2)

Parties (1)

Case Significance

Re Miah Kader [2025] HKCA 485 is a Court of Appeal decision on a non-refoulement claim considered under the Hong Kong Bill of Rights Ordinance, including section 8, and the Immigration Ordinance. The Court of Appeal held that 'we dismiss the appeal accordingly,' following the Court of First Instance's judgment in Miah Kader v. Torture Claims Appeal Board / Non-refoulement Claims Petition Office [2024] HKCFI 2224.

Summary

Bangladeshi applicant Miah Kader appealed against the refusal of leave for judicial review of the Torture Claims Appeal Board's decision dismissing his non-refoulement claim. The Board had rejected his appeal against the Director of Immigration's decision. The Court of Appeal (Barma JA and Lisa Wong J) dismissed the appeal after an oral hearing.

What did the Court of Appeal decide in Re Miah Kader [2025] HKCA 485?

The Court of Appeal dismissed the appeal in Re Miah Kader, holding 'we dismiss the appeal accordingly.' The non-refoulement claim was considered under the Hong Kong Bill of Rights Ordinance, section 8, and the Immigration Ordinance, following Miah Kader v. Torture Claims Appeal Board [2024] HKCFI 2224.

Statutes Cited

Cases Cited (13)

UK (2)
[1987] 1 AC 514 [1994] 1 AC 531
HK (11)
[2005] 1 HKLRD 289 [2013] 1 HKC 526 [2014] 4 HKLRD 277 [2018] HKCA 14 [2018] HKCA 152 [2018] HKCA 160 [2018] HKCA 162 [2018] HKCA 163 [2018] HKCA 524 [2019] HKCA 1022 [2024] HKCFI 2224

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 485)