RE DOYAOEN JOSEPHINE BIBA

[2025] HKCA 482 Court of Appeal 4 June 2025 • CACV519/2024 • 14 min read
19 cases cited (0 HK, 19 foreign) Cited by 9 cases

Outcome

Appeal dismissed

we dismiss the appeal accordingly.

Source: [2025] HKCA 482, Court of Appeal, decided 4 June 2025. Read directly from the judgment.

Judges (2)

Parties (1)

Case Significance

Re Doyaoen Josephine Biba [2025] HKCA 482 is a Court of Appeal decision dated 4 June 2025, engaging the Hong Kong Bill of Rights Ordinance, including section 8, and the Immigration Ordinance. The Court of Appeal held: 'we dismiss the appeal accordingly,' recorded as an appeal dismissed. The appeal followed the Court of First Instance decision in Doyaoen Josephine Biba v. Torture Claims Appeal Board / Non-Refoulement Claims Petition Office [2024] HKCFI 3143. The decision has since been cited in a series of non-refoulement judicial review matters before the Court of First Instance, including Gursher Singh v. Torture Claims Appeal Board / Non-Refoulement Claims Petition Office [2025] HKCFI 2938, Mehmood Riasat v. Torture Claims Appeal Board / Non-Refoulement Claims Petition Office [2025] HKCFI 3367, and Nguyen Thanh Tung v. Torture Claims Appeal Board / Non-Refoulement Claims Petition Office [2026] HKCFI 1467.

Summary

Non-refoulement appeal in the Court of Appeal where the unrepresented applicant challenged the Torture Claims Appeal Board's decision rejecting their protection claim. The Court of Appeal found no basis to disturb the lower court's decision. The appeal was dismissed.

What was the outcome in Re Doyaoen Josephine Biba ([2025] HKCA 482)?

In Re Doyaoen Josephine Biba [2025] HKCA 482, the Court of Appeal dismissed the appeal, stating 'we dismiss the appeal accordingly,' a decision recorded under the appeal dismissed category and dated 4 June 2025.

Which ordinance provisions feature in this Court of Appeal decision ([2025] HKCA 482)?

Re Doyaoen Josephine Biba [2025] HKCA 482 engages the Hong Kong Bill of Rights Ordinance, including section 8, alongside the Immigration Ordinance, in the context of a non-refoulement claim appeal decided by the Court of Appeal.

Statutes Cited

Cases Cited (19)

HK (19)
(2004) 7 HKCFAR 187 [2013] 1 HKC 526 [2018] HKCA 14 [2018] HKCA 15 [2018] HKCA 152 [2018] HKCA 160 [2018] HKCA 162 [2018] HKCA 163 [2018] HKCA 17 [2018] HKCA 178 [2018] HKCA 37 [2018] HKCA 524 [2019] HKCA 1022 [2019] HKCA 377 [2019] HKCA 430 [2022] HKCA 1053 [2022] HKCA 1883 [2022] HKCA 48 [2024] HKCFI 3143

Cited By (9)

Citation influence

HKLII records this judgment as cited by 7 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 482)