NGUYEN THI DUNG AND OTHERS V. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE

[2025] HKCA 345 Court of Appeal 15 April 2025 • CACV231/2024 • 9 min read

5 cases cited (0 HK, 5 foreign)

Outcome

Appeal dismissed

We dismiss the appeal brought by the 1

Source: [2025] HKCA 345, Court of Appeal, decided 15 April 2025. Read directly from the judgment.

Judges (2)

Au Coram Kwan Coram

Parties (5)

Director of Immigration Putative Interested Party Torture Claims Appeal Board / Non-Refoulement Claims Petition Office Putative Respondent Bui Duy Hung Applicant Bui Tue Nghi Applicant Nguyen Thi Dung Applicant

Case Significance

Nguyen Thi Dung and Others v Torture Claims Appeal Board / Non-refoulement Claims Petition Office [2025] HKCA 345 is a Court of Appeal decision dated 15 April 2025 concerning a non-refoulement claim raised under the Hong Kong Bill of Rights Ordinance, including section 8, the Immigration Ordinance, and the Rules of the High Court. The Court of Appeal dismissed the challenge, holding: 'We dismiss the appeal brought by the 1.' The matter had earlier been considered by the Court of First Instance in Nguyen Thi Dung and Others v Torture Claims Appeal Board / Non-refoulement Claims Petition Office [2024] HKCFI 1347, and the Court of Appeal's reasoning referred to prior non-refoulement rulings in [2018] HKCA 524, [2020] HKCA 971, [2021] HKCA 124 and [2021] HKCA 53.

What did the Court of Appeal hold in Nguyen Thi Dung and Others v Torture Claims Appeal Board ([2025] HKCA 345)?

The Court of Appeal dismissed the non-refoulement appeal in Nguyen Thi Dung and Others v Torture Claims Appeal Board / Non-refoulement Claims Petition Office [2025] HKCA 345, stating: 'We dismiss the appeal brought by the 1,' after the Court of First Instance had earlier ruled in [2024] HKCFI 1347.