NGUYEN HA NAM v. TORTURE CLAIMS APPEAL BOARD

CACV 1258/2025, [2026] HKCA 1507

On Appeal From [2025] HKCFI 6190

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CIVIL APPEAL NO 1258 OF 2025

(ON APPEAL FROM HCAL NO 726 OF 2020)

________________________

________________________

_____________________

JUDGMENT

_____________________

Hon Chow JA (giving the Judgment of the Court):

1.  On 17 December 2025, Deputy High Court Judge Michael Wong made an order refusing to grant to the Applicant leave to apply for judicial review.  The intended judicial review was against the decision of the Torture Claims Appeal Board/Non-refoulement Claims Petition Office dated 28 December 2018, whereby the Board dismissed the Applicant’s appeal against the decision of the Director of Immigration dated 17 November 2016 rejecting his non-refoulement claim.

2.  On 17 March 2026, this Court gave its judgment (“the CA Judgment”) dismissing the Applicant’s appeal against the order of the Judge.  The basic facts of this case and the Court’s reasons for dismissing the Applicant’s appeal have been set out in the CA Judgment and will not be repeated here.

3.  By a Notice of Motion filed on 23 March 2026, the Applicant applies for leave to appeal the CA Judgment to the Court of Final Appeal.  In the Notice of Motion, the Applicant basically repeats what he previously said in his Notice of Appeal dated 31 December 2025.

4.  In his written submissions dated 24 March 2026, the Applicant sets out some background information relating to his case, and some general principles of law relating to the assessment of non-refoulment claims, without explaining how those principles are relevant or applicable to his case.  The Applicant has also failed to identify any supposed error in the CA Judgment.

5.  Pursuant to paragraph 3 of Practice Direction 2.1, we determine the present application for leave to appeal on paper without an oral hearing.

6.  Under s 22(1)(b) of the Hong Kong Court of Final Appeal Ordinance, Cap 484, an appeal shall lie to the Court of Final Appeal at the discretion of the Court of Appeal or the Court of Final Appeal in any civil cause or matter if, in the opinion of the Court of Appeal or the Court of Final Appeal (as the case may be), the question involved in the appeal is one which, by reason of its great general or public importance, or otherwise, ought to be submitted to the Court of Final Appeal for decision.

7.  No question of great general or public importance involved in the intended appeal is identified in the Notice of Motion.  We are unable to see any such question being involved in the intended appeal.  The Applicant has not raised any viable ground of appeal against the CA Judgment.  We are satisfied that the intended appeal has no reasonable prospect of success.

8.  There is also no basis to grant leave to appeal on the “or otherwise” limb in s 22(1)(b) of the Hong Kong Court of Final Appeal Ordinance.

9.  Accordingly, the application for leave to appeal is refused and the Notice of Motion is dismissed.