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CACV284/2025
The Applicants v Director of Immigration
Case Details
Case ReferenceCACV284/2025
CourtCourt of Appeal of the High Court 高等法院(上訴法庭)
Date Published2026-03-19
LanguageEnglish
NCN[2026] HKCA 480
Claimant / Applicant1st, 2nd and 3rd Applicants
Defendant / RespondentDirector of Immigration
JudgesHon Kwan VP, Anthony Chan JA
Judgment Summary
Facts
- •1st applicant overstayed in Hong Kong since 2020 with two minor sons.
- •Non-refoulement claims rejected by Director and Board on torture and persecution grounds.
- •Judicial review leave refused by Deputy High Court Judge on 29 April 2025.
- •Minors lacked legal representation or next friend in Court of First Instance.
- •Applicants appealed to Court of Appeal acting in person.
Issues
- •Whether the judge erred in refusing leave for judicial review.
- •Whether the Board separately considered the minors' claims per Fabio Arlyn Timogan principles.
- •Whether lack of representation for minors was a fatal procedural irregularity.
Outcome
- •Appeal dismissed.
- •Leave for judicial review refused.
- •Procedural irregularity regarding minors' representation treated as non-fatal.
Implication
- •Minors' non-refoulement claims require separate consideration from parents.
- •Courts have discretion to overlook procedural irregularities regarding minor representation.
- •Substantive fairness outweighs procedural non-compliance in appropriate cases.
Laws & Authorities Cited
- §Rules of the High Court (Cap. 4A), O.80 r.2
- §Rules of the High Court (Cap. 4A), O.2 r.1
- §Nupur Mst v Director of Immigration [2018] HKCA 524
- §Fabio Arlyn Timogan v Evan Ruth Esq, Adjudicator of the Torture Claims Appeal Board/Non-Refoulement Claims Petition Office [2020] HKCA 971
- §Re Jasvir Singh [2021] HKCA 53