← Back to all casesEN
CACV58/2025
The Applicant v The Director of Immigration
Case Details
Case ReferenceCACV58/2025
CourtCourt of Appeal of the High Court 高等法院(上訴法庭)
Date Published2026-03-19
LanguageEnglish
NCN[2026] HKCA 468
Claimant / ApplicantThe Applicant
Defendant / RespondentThe Director of Immigration
JudgesHon Kwan VP, Barma JA
Judgment Summary
Facts
- •Applicant is a Vietnamese national who entered Hong Kong illegally in December 2020.
- •Non-refoulement claim lodged on 1 March 2021 based on fear of creditors.
- •Director rejected claim on 27 April 2022.
- •Applicant filed appeal to Board out of time on 22 March 2024.
- •Board refused extension of time on 12 June 2024.
- •Deputy High Court Judge refused leave for judicial review on 4 February 2025.
Issues
- •Whether the Judge erred in refusing leave for judicial review.
- •Whether the Board correctly refused extension of time for late filing.
- •Whether the Director and Board erred in assessing non-refoulement claim risks.
- •Whether there was procedural unfairness in the assessment.
Outcome
- •Appeal dismissed.
- •Leave for judicial review refused.
- •Board's refusal of extension of time upheld.
Implication
- •Court does not usurp the Board's role in assessing evidence.
- •Strict adherence to appeal filing deadlines required.
- •Vague assertions without particulars are insufficient for leave.
- •Appeals may be disposed of on paper if directions not followed.
Laws & Authorities Cited
- §Immigration Ordinance (Cap. 115)
- §Hong Kong Bill of Rights Ordinance (Cap. 383)
- §Basic Law
- §Hong Kong Human Rights and Democracy Act
- §International Covenant on Civil and Political Rights
- §International Covenant on Economic, Social and Cultural Rights
- §Nupur Mst v Director of Immigration [2018] HKCA 524