NGUYEN THI TO UYEN V. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE

[2025] HKCA 924 Court of Appeal 15 October 2025 • CACV302/2024 • 6 min read

2 cases cited (0 HK, 2 foreign)

Outcome

Appeal dismissed

The appeal is dismissed accordingly.

Source: [2025] HKCA 924, Court of Appeal, decided 15 October 2025. Read directly from the judgment.

Judges (2)

Cheung Coram Kwan Coram

Parties (3)

Director of Immigration Putative Interested Party Torture Claims Appeal Board / Non-Refoulement Claims Petition Office Putative Respondent Nguyen Thi To Uyen Applicant

Case Significance

Nguyen Thi To Uyen v Torture Claims Appeal Board / Non-refoulement Claims Petition Office [2025] HKCA 924, decided 15 October 2025, concerned a non-refoulement appeal under the Immigration Ordinance engaging section 8 of the Hong Kong Bill of Rights Ordinance. The appeal followed the Court of First Instance decision Nguyen Thi To Uyen v Torture Claims Appeal Board / Non-refoulement Claims Petition Office [2024] HKCFI 1899. The Court of Appeal held that "The appeal is dismissed accordingly," referencing the earlier Court of Appeal authority [2018] HKCA 524.

Summary

Nguyen Thi To Uyen, a Vietnamese national, appealed against the refusal of leave for judicial review of the Torture Claims Appeal Board's rejection of her non-refoulement claim. The applicant was unrepresented and acted in person. The Court of Appeal dismissed the appeal.

What did the Court of Appeal decide in Nguyen Thi To Uyen v Torture Claims Appeal Board / Non-refoulement Claims Petition Office [2025] HKCA 924?

The Court of Appeal held that "The appeal is dismissed accordingly," in a non-refoulement matter under the Immigration Ordinance and section 8 of the Hong Kong Bill of Rights Ordinance, following the Court of First Instance decision [2024] HKCFI 1899.