LUU VAN THOAN V. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE

[2026] HKCA 174 Court of Appeal 11 February 2026 • CACV738/2025 • 4 min read
3 cases cited (0 HK, 3 foreign)

Outcome

Appeal dismissed

we dismiss the appeal.

Source: [2026] HKCA 174, Court of Appeal, decided 11 February 2026. Read directly from the judgment.

Judges (2)

Parties (3)

Case Significance

Luu Van Thoan v Torture Claims Appeal Board / Non-refoulement Claims Petition Office [2026] HKCA 174 was an appeal against the refusal of a non-refoulement claim, dismissed by the Court of Appeal on 11 February 2026. The court's holding was 'we dismiss the appeal,' with reasoning drawing on Tam Ka Ho v Newocean Oil Products Company Ltd and Others [2025] HKCFI 1255, alongside [2018] HKCA 524 and [2019] HKCA 1022.

Summary

A Vietnamese national appealed against the refusal of leave to apply for judicial review of the Board's decision dismissing his non-refoulement claim. The applicant acted in person. The Court of Appeal dismissed the appeal, finding no error in the judge's decision.

What was the outcome in Luu Van Thoan v Torture Claims Appeal Board / Non-refoulement Claims Petition Office [2026] HKCA 174?

The Court of Appeal dismissed the appeal, holding 'we dismiss the appeal.' The judgment drew on the reasoning in Tam Ka Ho v Newocean Oil Products Company Ltd and Others [2025] HKCFI 1255, together with [2018] HKCA 524 and [2019] HKCA 1022.

Cases Cited (3)

HK (3)
[2018] HKCA 524 [2019] HKCA 1022 [2025] HKCFI 1255

Related cases

Other Hong Kong judgments involving the same parties or counsel.

Judgment

Read the full judgment on the official Hong Kong Courts portal.

Read on HKLII

Source: HKLII ([2026] HKCA 174)