RE NGUYEN THANH THINH

[2025] HKCA 88 Court of Appeal 21 January 2025 • CACV265/2024 • 8 min read

4 cases cited (0 HK, 4 foreign) Cited by 1 case

Outcome

Appeal dismissed

we dismiss the appeal.

Source: [2025] HKCA 88, Court of Appeal, decided 21 January 2025. Read directly from the judgment.

Judges (2)

Cheung Coram Chu Coram

Parties (1)

Nguyen Thanh Thinh Applicant

Case Significance

RE NGUYEN THANH THINH [2025] HKCA 88 came before the Court of Appeal on 21 January 2025 as a challenge concerning the Hong Kong Bill of Rights Ordinance, section 8, in the context of a non-refoulement claim. The underlying petition had been considered in NGUYEN THANH THINH V. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE [2024] HKCFI 1567. The Court of Appeal held: 'we dismiss the appeal.' The reasoning in RE NGUYEN THANH THINH [2025] HKCA 88 was subsequently referenced in KHATUN SATHI AND OTHERS V. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE (and 2 others) [2026] HKCFI 2043.

Summary

Nguyen Thanh Thinh, a Vietnamese national aged 40, appealed against the refusal of leave to judicially review the Torture Claims Appeal Board's dismissal of her non-refoulement claim. She alleged fear of persecution from her former employer and loan sharks in Vietnam. The Court of Appeal dismissed her appeal, finding no errors of law in the judge's decision and no viable grounds for challenge.

What did the Court of Appeal rule in RE NGUYEN THANH THINH [2025] HKCA 88?

The Court of Appeal dismissed the appeal, stating: 'we dismiss the appeal.' The dispute concerned the Hong Kong Bill of Rights Ordinance, section 8, and followed the earlier decision in NGUYEN THANH THINH V. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE [2024] HKCFI 1567.

Has RE NGUYEN THANH THINH [2025] HKCA 88 been cited in later proceedings?

Yes. RE NGUYEN THANH THINH [2025] HKCA 88 was cited in KHATUN SATHI AND OTHERS V. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE (and 2 others) [2026] HKCFI 2043, a later non-refoulement matter before the Court of First Instance.