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CACV82/2025
RE NGUYEN NGOC AN
Case Details
Case ReferenceCACV82/2025
CourtCourt of Appeal of the High Court 高等法院(上訴法庭)
Date Published2026-03-18
LanguageEnglish
NCN[2026] HKCA 470
Claimant / ApplicantNguyen Ngoc An (Applicant)
Defendant / RespondentDirector of Immigration / Torture Claims Appeal Board
JudgesHon Cheung JA, Hon G Lam JA
Judgment Summary
Facts
- •Applicant entered Hong Kong illegally in July 2015.
- •Applicant made non-refoulement claim in August 2016 based on fear of creditors in Vietnam.
- •Director of Immigration refused claim on 25 October 2017.
- •Torture Claims Appeal Board dismissed appeal on 9 August 2019.
- •Deputy High Court Judge refused leave for judicial review on 6 February 2025.
Issues
- •Whether the Leave Decision refusing judicial review contained identifiable errors.
- •Whether the applicant provided specific particulars to support the appeal.
- •Whether general assertions of fear constitute viable grounds of appeal.
Outcome
- •Appeal against the Leave Decision is dismissed.
- •No basis to interfere with the Leave Decision.
Implication
- •CA will not examine decision-maker's decision afresh in leave appeals.
- •Applicants must identify specific errors in the Leave Decision.
- •General assertions of fear do not constitute proper grounds of appeal.
Laws & Authorities Cited
- §Nupur Mst v Director of Immigration [2018] HKCA 524
- §Re Saldua Dorothy Trifalgar [2022] HKCA 627
- §[2025] HKCFI 254