RE BANTIGUE SUSAN BANES AND ANOTHER

[2025] HKCA 853 Court of Appeal 29 September 2025 • CACV234/2024 • 30 min read

4 cases cited (0 HK, 4 foreign) Cited by 3 cases

Outcome

Application refused

the application was refused by the Director of Legal Aid (Judge’s Decision, [5]).

Source: [2025] HKCA 853, Court of Appeal, decided 29 September 2025. Read directly from the judgment.

Judges (2)

Barma Coram Chu Coram

Counsel (2)

Littlewoods Firm Andrew Leung Counsel Applicant

Parties (2)

Bantigue Gabriel Banes Applicant Bantigue Susan Banes Applicant

Case Significance

Re Bantigue Susan Banes and Another [2025] HKCA 853 was decided by the Court of Appeal on 29 September 2025, carrying the catchwords Hong Kong Bill of Rights Ordinance, Hong Kong Bill of Rights Ordinance — s 8, and Immigration Ordinance. The court's disposition records: 'the application was refused by the Director of Legal Aid (Judge’s Decision, [5]).' The matter followed Bantigue Susan Banes and Another v. Torture Claims Appeal Board / Non-Refoulement Claims Petition Office [2024] HKCFI 1460.

The decision was later cited in a series of non-refoulement matters before the Court of First Instance, including 'M' and Another v. Torture Claims Appeal Board [2026] HKCFI 2269, S and Another v. Torture Claims Appeal Board [2026] HKCFI 2465, and Eli Kusmiati and Another v. Torture Claims Appeal Board [2026] HKCFI 3649.

Summary

Trinh Ngoc Quang, a Vietnamese national, appealed against the refusal of leave to judicially review the Torture Claims Appeal Board's dismissal of his non-refoulement claim. The Court found no errors in the Judge's assessment. The appeal was dismissed.

What was the outcome in Re Bantigue Susan Banes and Another [2025] HKCA 853?

The Court of Appeal recorded that 'the application was refused by the Director of Legal Aid (Judge’s Decision, [5]).' The matter, decided 29 September 2025, carried the catchwords Hong Kong Bill of Rights Ordinance — s 8 and Immigration Ordinance.

Which earlier proceedings led to Re Bantigue Susan Banes and Another [2025] HKCA 853?

The Court of Appeal decision followed Bantigue Susan Banes and Another v. Torture Claims Appeal Board / Non-Refoulement Claims Petition Office [2024] HKCFI 1460, which concerned the same parties before the Court of First Instance.