TO THI CHAU AND OTHERS V. TORTURE CLAIMS APPEAL BOARD (and 1 other)

[2024] HKCFI 963 Court of First Instance 3 April 2024 • HCAL1740/2020; HCAL1799/2019 • 14 min read

8 cases cited (0 HK, 8 foreign) Cited by 3 cases

Judges (1)

Parties (3)

Director of Immigration Putative Interested Party Torture Claims Appeal Board Putative Respondent To Thi Chau Applicant

Case Significance

TO THI CHAU AND OTHERS V. TORTURE CLAIMS APPEAL BOARD (and 1 other) [2024] HKCFI 963 involved a Vietnamese woman and her two children who sought leave to judicially review the Torture Claims Appeal Board's decisions rejecting their non-refoulement claims, all founded on the mother's fear of harm from creditors over unpaid debts if the family returned to Vietnam. The Court of First Instance consolidated the two related applications and, having considered the submissions, found no realistic prospect of success, refusing leave to apply for judicial review in both consolidated matters.

The case was subsequently the subject of appeal proceedings, including TO THI CHAU V. TORTURE CLAIMS APPEAL BOARD [2025] HKCA 77, TO THI CHAU V. TORTURE CLAIMS APPEAL BOARD [2025] HKCA 546, and TO THI CHAU V. TORTURE CLAIMS APPEAL BOARD [2026] HKCA 562.

Why did the family in TO THI CHAU AND OTHERS V. TORTURE CLAIMS APPEAL BOARD seek non-refoulement protection ([2024] HKCFI 963)?

In TO THI CHAU AND OTHERS V. TORTURE CLAIMS APPEAL BOARD (and 1 other) [2024] HKCFI 963, a Vietnamese mother and her two children based their non-refoulement claims on her fear of harm from creditors over unpaid debts if the family returned to Vietnam.

What did the Court of First Instance decide on the consolidated applications ([2024] HKCFI 963)?

The Court in TO THI CHAU AND OTHERS V. TORTURE CLAIMS APPEAL BOARD (and 1 other) [2024] HKCFI 963 consolidated the two related applications, found no realistic prospect of success, and refused leave to apply for judicial review in both matters.

Statutes Cited

Immigration Ordinance (Cap 115)

Rules of the High Court (Cap 4A)

Cases Cited (8)

HK (8)

[2013] 1 HKC 526 [2018] HKCA 246 [2018] HKCA 328 [2018] HKCA 400 [2018] HKCA 524 [2019] HKCA 377 [2019] HKCA 530 [2020] HKCA 971

Cited By (3)

[2026] HKCA 562

TO THI CHAU V. TORTURE CLAIMS APPEAL BOARD

[2025] HKCA 546

TO THI CHAU V. TORTURE CLAIMS APPEAL BOARD

[2025] HKCA 77

TO THI CHAU V. TORTURE CLAIMS APPEAL BOARD

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.

[2025] HKCA 546 Court of Appeal

12 June 2025

[2025] HKCA 77 Court of Appeal

17 January 2025

[2026] HKCA 562 Court of Appeal

1 April 2026