MANKA KUTUBO V. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE

[2025] HKCA 874 Court of Appeal 13 October 2025 • CACV5/2025 • 3 min read

1 cases cited (0 HK, 1 foreign)

Outcome

Leave to appeal refused

leave to appeal is refused and the Notice of Motion is dismissed.

Source: [2025] HKCA 874, Court of Appeal, decided 13 October 2025. Read directly from the judgment.

Judges (2)

Chow Coram Lisa Wong Coram

Parties (3)

Director of Immigration Putative Interested Party Torture Claims Appeal Board / Non-Refoulement Claims Petition Office Putative Respondent Manka Kutubo Applicant

Case Significance

Manka Kutubo v Torture Claims Appeal Board / Non-refoulement Claims Petition Office [2025] HKCA 874, decided 13 October 2025, was an application under section 22(1)(b) of the Hong Kong Court of Final Appeal Ordinance, following the Court of First Instance decision Manka Kutubo v Torture Claims Appeal Board / Non-refoulement Claims Petition Office [2024] HKCFI 3390. The Court of Appeal held that "leave to appeal is refused and the Notice of Motion is dismissed."

Summary

Nguyen Van Thai, 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 did the Court of Appeal decide in Manka Kutubo v Torture Claims Appeal Board / Non-refoulement Claims Petition Office [2025] HKCA 874?

The Court of Appeal held that "leave to appeal is refused and the Notice of Motion is dismissed," under section 22(1)(b) of the Hong Kong Court of Final Appeal Ordinance, following the Court of First Instance decision [2024] HKCFI 3390.