← Back to all casesEN
CAMP49/2024
PHAM THI HUE v. TORTURE CLAIMS APPEAL BOARD
Case Details
Case ReferenceCAMP49/2024
CourtCourt of Appeal of the High Court 高等法院(上訴法庭)
Date Published2026-03-19
LanguageEnglish
NCN[2026] HKCA 350
Claimant / ApplicantPHAM THI HUE
Defendant / RespondentTORTURE CLAIMS APPEAL BOARD
JudgesHon Au JA, Hon Chow JA
Judgment Summary
Facts
- •Director of Immigration rejected non-refoulement claim on 25 January 2017
- •Torture Claims Appeal Board dismissed appeal on 24 May 2019
- •Fung J refused leave for judicial review on 7 February 2024
- •Court of Appeal dismissed extension of time application on 2 August 2024
- •Applicant applied for leave to appeal to CFA on 12 January 2026
- •Applicant failed to lodge written submissions contrary to directions
- •Applicant cited lack of legal knowledge and detention as reasons for delay
Issues
- •Whether the appeal involves a question of great general or public importance
- •Whether leave should be granted under the 'or otherwise' limb of s 22(1)(b)
- •Whether the Applicant's explanations for delay are acceptable
- •Whether the intended appeal has any reasonable prospect of success
Outcome
- •Application for leave to appeal refused
- •Notice of Motion dismissed
- •Application determined on paper without oral hearing
- •No question of great general or public importance identified
- •Intended appeal found to have no reasonable prospect of success
Implication
- •Strict adherence to procedural directions required for CFA leave applications
- •General allegations without particulars will not establish viable grounds
- •Feeble excuses for delay, such as lack of legal knowledge, are rejected
- •No leave granted where no question of public importance is identified
Laws & Authorities Cited
- §Hong Kong Court of Final Appeal Ordinance (Cap. 484), s.22(1)(b)
- §Practice Direction 2.1, para.3
- §Pham Thi Hue v. Torture Claims Appeal Board [2024] HKCFI 411
- §Pham Thi Hue v. Torture Claims Appeal Board [2026] HKCA 350