HOANG VAN NANG V. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE

[2024] HKCFI 329 Court of First Instance 7 February 2024 • HCAL1319/2019 • 7 min read
3 cases cited (0 HK, 3 foreign) Cited by 3 cases

Judges (1)

Parties (3)

Case Significance

Hoang Van Nang v. Torture Claims Appeal Board / Non-Refoulement Claims Petition Office [2024] HKCFI 329 was a Court of First Instance application for leave to seek judicial review of a non-refoulement claim, decided on 7 February 2024. The applicant, a Vietnamese national who had surrendered to the Immigration Department, based his claim on fear of a creditor who had threatened and assaulted him after he defaulted on a business loan taken out following a truck accident. He did not request an oral hearing, and the application was decided on the papers; the court found no realistic prospect of success and refused leave to apply for judicial review. The same party name recurs before the Court of Appeal in [2024] HKCA 415 and [2024] HKCA 731, and the underlying immigration matter continued as Hoang Van Nang v. Director of Immigration [2026] HKCFI 1022.

What was the outcome of Hoang Van Nang v. Torture Claims Appeal Board [2024] HKCFI 329?

The Court of First Instance refused leave to apply for judicial review, finding no realistic prospect of success in the non-refoulement claim, which was based on the applicant's fear of a creditor who had threatened him after a loan default following a truck accident.

Was an oral hearing held in Hoang Van Nang v. Torture Claims Appeal Board [2024] HKCFI 329?

No. The applicant did not request an oral hearing, so the Court of First Instance decided the leave application on the papers before refusing leave to apply for judicial review in [2024] HKCFI 329.

Statutes Cited

Cases Cited (3)

HK (3)
[2013] 1 HKC 526 [2018] HKCA 524 [2019] HKCA 1022

Cited By (3)

Citation influence

HKLII records this judgment as cited by 3 later judgments. This counts every later Hong Kong judgment that references this case, which is broader than the resolved citations listed above.

Related cases

Other Hong Kong judgments involving the same parties or counsel.

Judgment

Read the full judgment on the official Hong Kong Courts portal.

Read on HKLII

Source: HKLII ([2024] HKCFI 329)