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

[2025] HKCA 867 Court of Appeal 13 October 2025 • CACV6/2025 • 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 867, Court of Appeal, decided 13 October 2025. Read directly from the judgment.

Judges (2)

Chow Coram Lisa Wong Coram

Parties (3)

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

Case Significance

Gurung Bishal v Torture Claims Appeal Board / Non-refoulement Claims Petition Office [2025] HKCA 867, decided 13 October 2025, was an application under section 22(1)(b) of the Hong Kong Court of Final Appeal Ordinance, following the Court of First Instance decision Gurung Bishal v Torture Claims Appeal Board / Non-refoulement Claims Petition Office [2024] HKCFI 3433. The Court of Appeal held that "leave to appeal is refused and the Notice of Motion is dismissed."

Summary

Gurung Bishal, a Nepalese national, applied for leave to appeal to the Court of Final Appeal after his non-refoulement appeal was dismissed. The Court found no error in the CA judgment, no viable ground of appeal, and no reasonable prospect of success. The notice of motion was dismissed.

What did the Court of Appeal decide in Gurung Bishal v Torture Claims Appeal Board / Non-refoulement Claims Petition Office [2025] HKCA 867?

The Court of Appeal held that "leave to appeal is refused and the Notice of Motion is dismissed," under section 22(1)(b) of the Hong Kong Court of Final Appeal Ordinance, following the Court of First Instance decision [2024] HKCFI 3433.