MAINUDDIN V. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE
Outcome
Application dismissedthe application was dismissed by the Judge for the reasons set out at §§12-15 of the Judge’s decision of 29 August 2025 (
Source: [2026] HKCA 158, Court of Appeal, decided 23 February 2026. Read directly from the judgment.
Judges (2)
Case Significance
Mainuddin v Torture Claims Appeal Board / Non-refoulement Claims Petition Office [2026] HKCA 158 is a Court of Appeal decision dated 23 February 2026, brought under the Rules of the High Court. It followed two earlier Court of First Instance rulings between the same parties, Mainuddin v Torture Claims Appeal Board / Non-refoulement Claims Petition Office [2025] HKCFI 2479 and Mainuddin v Torture Claims Appeal Board / Non-refoulement Claims Petition Office [2025] HKCFI 3706. The Court of Appeal also referred to its own earlier decisions in [2019] HKCA 702, [2018] HKCA 524 and [2019] HKCA 1022, and to the Hong Kong Law Reports authority in [2016] 5 HKLRD 104, before holding that 'the application was dismissed by the Judge for the reasons set out at §§12-15 of the Judge’s decision of 29 August 2025,' and recording the outcome as an application dismissed.
Summary
A Bangladeshi national appealed against the refusal of leave to apply for judicial review of the Board's decision dismissing his non-refoulement claim. The applicant was not represented and did not appear. The Court of Appeal dismissed the appeal by paper disposal.
What was the outcome of Mainuddin v Torture Claims Appeal Board / Non-refoulement Claims Petition Office [2026] HKCA 158?
The Court of Appeal, applying the Rules of the High Court, held that 'the application was dismissed by the Judge for the reasons set out at §§12-15 of the Judge’s decision of 29 August 2025.' The outcome was recorded as an application dismissed.
Which earlier proceedings preceded the Court of Appeal ruling in Mainuddin v Torture Claims Appeal Board / Non-refoulement Claims Petition Office [2026] HKCA 158?
The ruling followed Court of First Instance decisions in Mainuddin v Torture Claims Appeal Board / Non-refoulement Claims Petition Office [2025] HKCFI 2479 and [2025] HKCFI 3706, and drew on Court of Appeal authorities including [2019] HKCA 702, [2018] HKCA 524 and [2019] HKCA 1022.
Statutes Cited
Cases Cited (6)
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 HKLIISource: HKLII ([2026] HKCA 158)