GOPAL V. DIRECTOR OF IMMIGRATION

[2025] HKCA 34 Court of Appeal 3 January 2025 • CACV332/2024 • 8 min read
3 cases cited (0 HK, 3 foreign) Cited by 6 cases

Judges (2)

Parties (2)

Case Significance

GOPAL V. DIRECTOR OF IMMIGRATION [2025] HKCA 34 was decided by the Court of Appeal on 3 January 2025, engaging section 8 of the Hong Kong Bill of Rights Ordinance and the Immigration Ordinance. The appeal followed the Court of First Instance decision in the same matter, GOPAL V. DIRECTOR OF IMMIGRATION [2024] HKCFI 1992. The Court of Appeal returned to the same litigant in RE GOPAL [2025] HKCA 644, and this judgment was subsequently referenced in a series of Court of First Instance immigration decisions in 2026, including DONG VAN TRUNG V. DIRECTOR OF IMMIGRATION [2026] HKCFI 1040, VU THI THANH HUYEN V. DIRECTOR OF IMMIGRATION [2026] HKCFI 1043, PHAM THI THAO V. DIRECTOR OF IMMIGRATION [2026] HKCFI 1045, BUI VAN THUAN V. DIRECTOR OF IMMIGRATION [2026] HKCFI 767 and NGUYEN THI DUNG V. DIRECTOR OF IMMIGRATION [2026] HKCFI 797.

Summary

Gopal, an Indian national and repeated non-refoulement claimant, appealed the refusal of leave to apply for judicial review of the Director of Immigration's decision refusing to allow him to make a subsequent non-refoulement claim. The Court of Appeal found no error in the lower court's assessment and dismissed the appeal.

What provisions did GOPAL v DIRECTOR OF IMMIGRATION [2025] HKCA 34 engage?

GOPAL V. DIRECTOR OF IMMIGRATION [2025] HKCA 34, decided by the Court of Appeal on 3 January 2025, engaged section 8 of the Hong Kong Bill of Rights Ordinance together with the Immigration Ordinance, following the Court of First Instance decision at [2024] HKCFI 1992.

Which later cases referenced GOPAL v DIRECTOR OF IMMIGRATION [2025] HKCA 34?

It was referenced in RE GOPAL [2025] HKCA 644 and a series of 2026 Court of First Instance immigration decisions including DONG VAN TRUNG V. DIRECTOR OF IMMIGRATION [2026] HKCFI 1040 and VU THI THANH HUYEN V. DIRECTOR OF IMMIGRATION [2026] HKCFI 1043.

Statutes Cited

Cases Cited (3)

HK (3)
[2018] HKCA 524 [2019] HKCA 1022 [2024] HKCFI 1992

Cited By (6)

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 ([2025] HKCA 34)