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CACV154/2025
The Applicant v Director of Immigration
Case Details
Case ReferenceCACV154/2025
CourtCourt of Appeal of the High Court 高等法院(上訴法庭)
Date Published2026-03-19
LanguageEnglish
NCN[2026] HKCA 476
Claimant / ApplicantThe Applicant (Appellant)
Defendant / RespondentDirector of Immigration
JudgesHon Kwan VP, Barma JA
Judgment Summary
Facts
- •Applicant entered Hong Kong illegally on 30 October 2015.
- •Non-refoulement claim lodged on 4 November 2015.
- •Director rejected claim on 21 April 2017.
- •Board dismissed late appeal on 17 January 2020.
- •Deputy High Court Judge refused leave for judicial review on 11 March 2025.
Issues
- •Whether the judge erred in refusing leave for judicial review.
- •Whether the Board's decision on delay and risk was irrational.
- •Whether the applicant provided sufficient evidence for her assertions.
Outcome
- •Appeal dismissed.
- •Lower court decision upheld.
- •No oral hearing granted.
Implication
- •Courts do not provide a further avenue of appeal on facts.
- •Bare assertions without evidence are insufficient for leave.
- •Enhanced scrutiny does not allow usurping the Board's role.
Laws & Authorities Cited
- §Bill of Rights Ordinance (Cap. 383), arts. 2, 3
- §Nupur Mst v Director of Immigration [2018] HKCA 524