RE HATULAN AILYN DEL ROSARIO AND ANOTHER

[2025] HKCA 779 Court of Appeal 1 September 2025 • CACV239/2024 • 14 min read
7 cases cited (0 HK, 7 foreign) Cited by 1 case

Outcome

Appeal dismissed

we dismiss the appeal of the 1

Source: [2025] HKCA 779, Court of Appeal, decided 1 September 2025. Read directly from the judgment.

Judges (2)

Parties (2)

Case Significance

Re Hatulan Ailyn Del Rosario and Another [2025] HKCA 779 was an appeal before the Court of Appeal concerning s 8 of the Hong Kong Bill of Rights Ordinance and the Immigration Ordinance, together with the Rules of the High Court. It followed Hatulan Ailyn Del Rosario and Another v Torture Claims Appeal Board / Non-refoulement Claims Petition Office [2024] HKCFI 1340 in the Court of First Instance. The Court of Appeal held: "we dismiss the appeal of the 1." The decision was subsequently cited in Re Hatulan Ailyn Del Rosario and Another [2025] HKCA 1060.

Summary

Hatulan Ailyn Del Rosario and her child Tiangco Alexxus Uno, Filipino nationals, appealed against the refusal of leave to judicially review the Torture Claims Appeal Board's dismissal of their non-refoulement claims. The Board had made two decisions regarding the claims. The Court found no errors in the Judge's assessment and dismissed the appeal.

What did the Court of Appeal decide in Re Hatulan Ailyn Del Rosario and Another ([2025] HKCA 779)?

In Re Hatulan Ailyn Del Rosario and Another [2025] HKCA 779, the Court of Appeal held: "we dismiss the appeal of the 1," in proceedings concerning s 8 of the Hong Kong Bill of Rights Ordinance and the Immigration Ordinance.

What earlier and later decisions connect to Re Hatulan Ailyn Del Rosario and Another ([2025] HKCA 779)?

Re Hatulan Ailyn Del Rosario and Another [2025] HKCA 779 followed Hatulan Ailyn Del Rosario and Another v Torture Claims Appeal Board / Non-refoulement Claims Petition Office [2024] HKCFI 1340, and was later cited in Re Hatulan Ailyn Del Rosario and Another [2025] HKCA 1060.

Statutes Cited

Cases Cited (7)

HK (7)
[2013] 1 HKC 526 [2018] HKCA 524 [2019] HKCA 1022 [2020] HKCA 442 [2020] HKCA 971 [2021] HKCA 53 [2024] HKCFI 1340

Cited By (1)

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.

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 779)