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

[2025] HKCA 626 Court of Appeal 30 July 2025 • CACV552/2024 • 3 min read

1 cases cited (0 HK, 1 foreign)

Outcome

Leave to appeal refused

leave to appeal is refused and the Notice of Motion is dismissed.

Source: [2025] HKCA 626, Court of Appeal, decided 30 July 2025. Read directly from the judgment.

Judges (2)

Cheng Coram Chow Coram

Parties (3)

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

Case Significance

DARMAWATI BARSUDIN V. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE [2025] HKCA 626 was heard by the Court of Appeal on 30 July 2025, concerning s 22(1)(b) of the Hong Kong Court of Final Appeal Ordinance. The appeal followed the earlier decision in Darmawati Barsudin v. Torture Claims Appeal Board / Non-refoulement Claims Petition Office [2024] HKCFI 3341. The Court of Appeal held: "leave to appeal is refused and the Notice of Motion is dismissed."

Summary

Indonesian applicant Darmawati Barsudin sought leave to appeal to the Court of Final Appeal against the dismissal of her non-refoulement case. The Court of Appeal had previously dismissed her appeal. The Court of Appeal (Chow JA and Cheng J) refused leave, finding no question of great general or public importance and no reasonable prospect of success.

What did the Court of Appeal decide in Darmawati Barsudin v. Torture Claims Appeal Board / Non-refoulement Claims Petition Office [2025] HKCA 626?

The Court of Appeal refused leave to appeal and dismissed the Notice of Motion, holding: "leave to appeal is refused and the Notice of Motion is dismissed." The application concerned s 22(1)(b) of the Hong Kong Court of Final Appeal Ordinance.