RE RAFIQUE MOON

[2026] HKCA 236 Court of Appeal 3 March 2026 • CACV990/2025 • 5 min read
7 cases cited (0 HK, 7 foreign)

Outcome

Appeal dismissed

we dismiss the appeal accordingly.

Source: [2026] HKCA 236, Court of Appeal, decided 3 March 2026. Read directly from the judgment.

Judges (2)

Parties (1)

Case Significance

RE RAFIQUE MOON [2026] HKCA 236 is a Court of Appeal decision concerning Rafique Moon's non-refoulement claim, decided on 3 March 2026. The underlying proceeding had earlier come before the Court of First Instance in Rafique Moon v. Torture Claims Appeal Board [2025] HKCFI 5185. In reaching its decision the Court of Appeal referred to a wider body of prior authority, including [2018] HKCA 524, [2022] HKCA 627, [2014] 4 HKLRD 277, [2005] 1 HKLRD 289, [1994] 1 AC 531 and [1987] 1 AC 514, before holding: "we dismiss the appeal accordingly."

What was the outcome in RE RAFIQUE MOON [2026] HKCA 236?

The Court of Appeal dismissed the appeal arising from Rafique Moon's non-refoulement claim, previously considered in Rafique Moon v. Torture Claims Appeal Board [2025] HKCFI 5185. The court's ruling states: "we dismiss the appeal accordingly."

What prior authorities did the Court of Appeal draw on in RE RAFIQUE MOON [2026] HKCA 236?

Beyond the underlying decision, Rafique Moon v. Torture Claims Appeal Board [2025] HKCFI 5185, the record cites prior authority including [2018] HKCA 524, [2022] HKCA 627, [2014] 4 HKLRD 277, [2005] 1 HKLRD 289, [1994] 1 AC 531 and [1987] 1 AC 514.

Cases Cited (7)

UK (2)
[1987] 1 AC 514 [1994] 1 AC 531
HK (5)
[2005] 1 HKLRD 289 [2014] 4 HKLRD 277 [2018] HKCA 524 [2022] HKCA 627 [2025] HKCFI 5185

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Judgment

Read the full judgment on the official Hong Kong Courts portal.

Read on HKLII

Source: HKLII ([2026] HKCA 236)