APRILIYANTI TINA DEWI V. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE
Outcome
Appeal allowedwe allow the appeal and make an order that the Judge’s order be set aside, and that the applicant’s application for leave to apply for judicial review be remitted to the Court of First Instance before another judge for consideration, with no order as to costs.
Source: [2026] HKCA 897, Court of Appeal, decided 15 May 2026. Read directly from the judgment.
Judges (2)
Case Significance
APRILIYANTI TINA DEWI V. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE [2026] HKCA 897 is a Court of Appeal decision, handed down on 15 May 2026, allowing an appeal from APRILIYANTI TINA DEWI V. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE [2025] HKCFI 2436. The court's recorded holding is that 'we allow the appeal and make an order that the Judge's order be set aside, and that the applicant's application for leave to apply for judicial review be remitted to the Court of First Instance before another judge for consideration, with no order as to costs.' The case is categorised as appeal allowed, distinguishing it from the run of non-refoulement appeals in this jurisdiction that end in dismissal.
What order did the Court of Appeal make in APRILIYANTI TINA DEWI V. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE [2026] HKCA 897?
The Court of Appeal allowed the appeal, set aside the judge's order below in [2025] HKCFI 2436, and remitted the leave application to the Court of First Instance before another judge, with no order as to costs.
Which Court of First Instance decision was set aside in [2026] HKCA 897?
The Court of Appeal set aside the order made in APRILIYANTI TINA DEWI V. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE [2025] HKCFI 2436 and remitted the matter for fresh consideration before another judge.
Cases Cited (1)
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 897)