LE VAN TRUYEN V. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE

[2025] HKCA 1016 Court of Appeal 25 November 2025 • CACV1/2025 • 3 min read

1 cases cited (0 HK, 1 foreign)

Outcome

Leave to appeal refused

leave to appeal is refused and the Notice of Motion is dismissed.

Source: [2025] HKCA 1016, Court of Appeal, decided 25 November 2025. Read directly from the judgment.

Judges (2)

Anthony Chan Coram Chow Coram

Parties (3)

Director of Immigration Putative Interested Party Torture Claims Appeal Board / Non-Refoulement Claims Petition Office Putative Respondent Le van Truyen Applicant

Case Significance

LE VAN TRUYEN V. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE [2025] HKCA 1016 is a Court of Appeal decision arising under the Hong Kong Court of Final Appeal Ordinance, s 22(1)(b). The court held that "leave to appeal is refused and the Notice of Motion is dismissed." The ruling followed the earlier decision in LE VAN TRUYEN V. TORTURE CLAIMS APPEAL BOARD/NON-REFOULEMENT CLAIMS PETITION OFFICE [2024] HKCFI 3663.

Summary

Le Van Truyen appealed against the Torture Claims Appeal Board's rejection of his non-refoulement claim based on fear of persecution in Vietnam. The Court of Appeal considered whether the Board properly assessed the claim and applied the correct legal test. The appeal was dealt with on its merits.

What did the Court of Appeal decide in LE VAN TRUYEN V. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE [2025] HKCA 1016?

In LE VAN TRUYEN V. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE [2025] HKCA 1016, the Court of Appeal ruled that leave to appeal is refused and the Notice of Motion is dismissed, addressing an application brought under the Hong Kong Court of Final Appeal Ordinance, s 22(1)(b).