RE NGUYEN THI HIEN

[2025] HKCA 61 Court of Appeal 10 January 2025 • CACV139/2024 • 9 min read

2 cases cited (0 HK, 2 foreign) Cited by 1 case

Outcome

Appeal dismissed

we dismiss the appeal.

Source: [2025] HKCA 61, Court of Appeal, decided 10 January 2025. Read directly from the judgment.

Judges (2)

Cheung Coram Chu Coram

Parties (1)

Nguyen Thi Hien Applicant

Case Significance

RE NGUYEN THI HIEN [2025] HKCA 61 was decided by the Court of Appeal on 10 January 2025, concerning the Hong Kong Bill of Rights Ordinance, section 8, in a non-refoulement claim. The matter followed NGUYEN THI HIEN V. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE [2024] HKCFI 951 at first instance. The Court of Appeal held: 'we dismiss the appeal.' RE NGUYEN THI HIEN [2025] HKCA 61 was subsequently cited in a further stage of the same matter, RE NGUYEN THI HIEN [2025] HKCA 406.

Summary

Vietnamese applicant Nguyen Thi Hien appealed the refusal of leave for judicial review of the Torture Claims Appeal Board's decision dismissing her non-refoulement claim. She had entered Hong Kong illegally and consented to paper disposal of the appeal but did not lodge written submissions. The Court of Appeal (Chu VP and Cheung JA) dismissed the appeal.

What did the Court of Appeal decide in RE NGUYEN THI HIEN [2025] HKCA 61?

The Court of Appeal dismissed the appeal, holding: 'we dismiss the appeal.' The claim concerned the Hong Kong Bill of Rights Ordinance, section 8, and followed the earlier ruling in NGUYEN THI HIEN V. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE [2024] HKCFI 951.

Was RE NGUYEN THI HIEN [2025] HKCA 61 referenced in later proceedings?

Yes. RE NGUYEN THI HIEN [2025] HKCA 61 was cited in a later stage of the same matter, RE NGUYEN THI HIEN [2025] HKCA 406, a subsequent decision of the Court of Appeal concerning the same applicant.

Statutes Cited

Hong Kong Bill of Rights Ordinance (Cap 383)

s 8

Cases Cited (2)

HK (2)

[2018] HKCA 524 [2024] HKCFI 951

Cited By (1)

[2025] HKCA 406

RE NGUYEN THI HIEN

Citation influence

HKLII records this judgment as cited by 1 later judgment. This counts every later Hong Kong judgment that references this case, which is broader than the resolved citations listed above.

[2025] HKCA 406 Court of Appeal

13 May 2025