NGUYEN VAN GIOI V. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE

[2025] HKCA 1080 Court of Appeal 19 December 2025 • CAMP22/2025 • 3 min read

2 cases cited (0 HK, 2 foreign)

Outcome

Leave to appeal refused

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

Source: [2025] HKCA 1080, Court of Appeal, decided 19 December 2025. Read directly from the judgment.

Judges (2)

Au Coram Chow Coram

Parties (3)

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

Case Significance

NGUYEN VAN GIOI V. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE [2025] HKCA 1080 followed two earlier stages of the same non-refoulement matter in the Court of First Instance, [2024] HKCFI 1989 and [2024] HKCFI 3280. Brought under section 22(1)(b) of the Hong Kong Court of Final Appeal Ordinance, the Court of Appeal refused leave, holding: "leave to appeal is refused and the Notice of Motion is dismissed."

Summary

Vietnamese national Nguyen Van Gioi applied for leave to appeal to the Court of Final Appeal against two decisions refusing leave for judicial review of his non-refoulement claim. The applicant failed to identify any question of great general or public importance or show reasonable prospects of success. The application was dismissed.

What was the result in Nguyen Van Gioi v. Torture Claims Appeal Board [2025] HKCA 1080?

The Court of Appeal refused leave to appeal and dismissed the Notice of Motion under section 22(1)(b) of the Hong Kong Court of Final Appeal Ordinance, following the same non-refoulement claim's earlier Court of First Instance decisions, [2024] HKCFI 1989 and [2024] HKCFI 3280.