GURJANT SINGH V. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE

[2026] HKCA 35 Court of Appeal 9 February 2026 • CACV912/2025 • 4 min read

3 cases cited (0 HK, 3 foreign) Cited by 1 case

Outcome

Appeal dismissed

the appeal is dismissed with no order as to costs.

Source: [2026] HKCA 35, Court of Appeal, decided 9 February 2026. Read directly from the judgment.

Judges (2)

Anthony Chan Coram H. Au-Yeung Coram

Parties (3)

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

Case Significance

Gurjant Singh v Torture Claims Appeal Board / Non-refoulement Claims Petition Office [2026] HKCA 35 was an appeal from the Court of First Instance's dismissal of a judicial review application at [2025] HKCFI 4446. The Court of Appeal held that "the appeal is dismissed with no order as to costs," referring to [2018] HKCA 524 and [2019] HKCA 1022; the decision was subsequently cited in [2026] HKCA 631.

Summary

Gurjant Singh, an Indian national, appealed against the refusal of leave to apply for judicial review of the Board's decision dismissing his non-refoulement claim. The Court of Appeal noted that the grounds of appeal had never been raised in the Form 86 or supporting affirmation, and refused to allow them to be raised for the first time on appeal. The appeal was dismissed.

What did the Court of Appeal decide in Gurjant Singh v Torture Claims Appeal Board / Non-refoulement Claims Petition Office [2026] HKCA 35?

The Court of Appeal dismissed the appeal, holding that "the appeal is dismissed with no order as to costs," affirming the refusal of the judicial review application reported at [2025] HKCFI 4446, and the ruling was later cited in [2026] HKCA 631.