HA THANH NGUYEN ALIASES TRAN MANH CUONG & HA ANH TUAN V. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE

[2025] HKCA 940 Court of Appeal 28 October 2025 • CACV319/2025 • 9 min read

6 cases cited (0 HK, 6 foreign)

Outcome

Application dismissed

I therefore dismiss the application.

Source: [2025] HKCA 940, Court of Appeal, decided 28 October 2025. Read directly from the judgment.

Judges (2)

Au Coram G Lam Coram

Parties (3)

Director of Immigration Putative Interested Party Ha Thanh Nguyen Aliases Tran Manh Cuong & Ha Anh Tuan Applicant Torture Claims Appeal Board / Non-Refoulement Claims Petition Office Putative Respondent

Case Significance

Ha Thanh Nguyen aliases Tran Manh Cuong & Ha Anh Tuan v Torture Claims Appeal Board / Non-refoulement Claims Petition Office [2025] HKCA 940 concerned an application touching on the Hong Kong Bill of Rights Ordinance, including section 8, together with the Immigration Ordinance and the Rules of the High Court, following the decision below in [2025] HKCFI 1696. The Court of Appeal held: "I therefore dismiss the application." The judgment referred to earlier Court of Appeal authorities including [2018] HKCA 524, [2018] HKCA 714, [2019] HKCA 50 and [2020] HKCA 244, together with (2007) 10 HKCFAR 676.

Summary

Ha Thanh Nguyen (with aliases Tran Manh Cuong and Ha Anh Tuan), a Vietnamese national, appealed against the refusal of leave for judicial review of the Torture Claims Appeal Board's rejection of his non-refoulement claim. The applicant was unrepresented. The Court of Appeal dismissed the appeal.

What did the Court of Appeal decide in Ha Thanh Nguyen aliases Tran Manh Cuong & Ha Anh Tuan v Torture Claims Appeal Board / Non-refoulement Claims Petition Office [2025] HKCA 940?

The Court of Appeal considered an application concerning the Hong Kong Bill of Rights Ordinance, including section 8, the Immigration Ordinance and the Rules of the High Court, and held: "I therefore dismiss the application," following the decision below in [2025] HKCFI 1696.

Which authorities were referenced in [2025] HKCA 940?

The judgment in [2025] HKCA 940 referred to earlier Court of Appeal decisions in [2018] HKCA 524, [2018] HKCA 714, [2019] HKCA 50 and [2020] HKCA 244, together with the Court of Final Appeal authority reported at (2007) 10 HKCFAR 676.