BUI THI NHI V. TORTURE CLAIMS APPEAL BOARD/ NON-REFOULEMENT CLAIMS PETITION OFFICE
Outcome
Leave to appeal refusedleave to apply for judicial review is refused.
Source: [2025] HKCA 172, Court of Appeal, decided 3 March 2025. Read directly from the judgment.
Judges (2)
Case Significance
BUI THI NHI V. TORTURE CLAIMS APPEAL BOARD/ NON-REFOULEMENT CLAIMS PETITION OFFICE [2025] HKCA 172 is a Court of Appeal decision of 3 March 2025 concerning the Hong Kong Bill of Rights Ordinance (including section 8), the Immigration Ordinance and the Rules of the High Court. The Court of Appeal's holding was that "leave to apply for judicial review is refused." The matter followed the Court of First Instance decision in BUI THI NHI V. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE [2024] HKCFI 2947, and the Court of Appeal also referred to [2021] HKCFI 1303, [2019] HKCA 702, [2018] HKCA 524 and [2019] HKCA 1022.
Summary
Vietnamese national Bui Thi Nhi applied for leave to appeal out of time against the refusal of leave for judicial review of the Torture Claims Appeal Board's decision rejecting her non-refoulement claim. The applicant's claim included risks of torture, cruel treatment, and persecution. The application was dismissed.
What did the Court of Appeal decide in BUI THI NHI V. TORTURE CLAIMS APPEAL BOARD/ NON-REFOULEMENT CLAIMS PETITION OFFICE [2025] HKCA 172?
The Court of Appeal held that leave to apply for judicial review is refused, following the Court of First Instance decision in BUI THI NHI V. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE [2024] HKCFI 2947, in a matter concerning the Hong Kong Bill of Rights Ordinance and the Immigration Ordinance.
Statutes Cited
Cases Cited (5)
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 HKLIISource: HKLII ([2025] HKCA 172)