ABELIDO ROWENA RUMBAOA V. TORTURE CLAIMS APPEAL BOARD

[2024] HKCFI 87 Court of First Instance 5 January 2024 • HCAL321/2019 • 9 min read
5 cases cited (0 HK, 5 foreign) Cited by 3 cases

Judges (1)

Parties (3)

Case Significance

ABELIDO ROWENA RUMBAOA V. TORTURE CLAIMS APPEAL BOARD [2024] HKCFI 87 concerned a Filipino national who overstayed in Hong Kong after her domestic helper contract ended and made a non-refoulement claim based on fear of harm from her husband's creditor over unpaid debts. Both the Director of Immigration and the Torture Claims Appeal Board rejected the claim, and the applicant sought leave for judicial review of the Board's decision. The Court of First Instance found no error of law or procedural unfairness and no prospect of success, and refused leave, dismissing the application.

The matter continued in related proceedings, including RE ABELIDO ROWENA RUMBAOA [2024] HKCA 371, RE ABELIDO ROWENA RUMBAOA [2024] HKCA 787, and ABELIDO ROWENA RUMBAOA V. DIRECTOR OF IMMIGRATION [2024] HKCFI 2370.

What was the basis of the non-refoulement claim in ABELIDO ROWENA RUMBAOA V. TORTURE CLAIMS APPEAL BOARD ([2024] HKCFI 87)?

In ABELIDO ROWENA RUMBAOA V. TORTURE CLAIMS APPEAL BOARD [2024] HKCFI 87, the applicant, a Filipino national whose domestic helper contract had ended, claimed fear of harm from her husband's creditor over unpaid debts if returned to the Philippines.

How did the Court of First Instance rule on leave for judicial review ([2024] HKCFI 87)?

The Court in ABELIDO ROWENA RUMBAOA V. TORTURE CLAIMS APPEAL BOARD [2024] HKCFI 87 found no error of law, no procedural unfairness, and no prospect of success in the non-refoulement claim, and refused leave for judicial review, dismissing the application.

Statutes Cited

Cases Cited (5)

HK (5)
[2013] 1 HKC 526 [2018] HKCA 246 [2018] HKCA 328 [2018] HKCA 400 [2018] HKCA 524

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 87)