LE VAN TUAN v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE

CACV 180/2025, [2026] HKCA 549

On Appeal From [2025] HKCFI 850

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CIVIL APPEAL NO 180 OF 2025

(ON APPEAL FROM HCAL NO 2626 OF 2019)

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REASONS FOR JUDGMENT

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The Court:

INTRODUCTION

1.  This is the Applicant’s appeal against the order of Deputy High Court Judge KW Lung (“the Judge”) dated 25 March 2025 (“the Order”) refusing to grant leave to apply for judicial review of the decision of the Torture Claims Appeal Board/Non-refoulement Claims Petition Office (“the Board”) dated 27 June 2019 (“the Board’s Decision”).

BACKGROUND

2.  The Applicant is a national of Vietnam. On 29 June 2015, the Applicant lodged a non-refoulement claim on the basis that, if refouled, he would be harmed or killed by his creditor because of his inability to repay a debt from a VND 300 million loan.[1]  The Applicant’s claim was rejected by the Director of Immigration (“the Director”) on 31 May 2017, and the appeal against the Director’s decision was rejected by the Board on 27 June 2019. Details of the Applicant’s claim and the Board’s reasons for rejecting the Applicant’s appeals can be found in the judgment dated 25 March 2025 (“the Judgment”).

3.  The Applicant’s application for leave to apply for judicial review was refused by the Judge on 25 March 2025. Details of the Judge’s reasons for refusing to grant leave can be found in the Judgment.

GROUNDS OF APPEAL

4.  In the Notice of Appeal filed on 8 April 2025, the Applicant states the following that:

“I appeal because if I return to Vietnam now, my life will be affected, the creditor will find and kill me.

Vietnamese society is corrupt so There is no place that can help me.

I’d like to the Supreme Court because now my life still in danger. With the money that I’ve borrowed a loan can not repayable. If I Return to Vietnam, I’d be harmed and killed by my creditor over my outstanding debt. I am now very afraid of that. I that’s threten to my life. I hope the Supreme Court will consider my appeal.” (sic)

5.  In the skeleton arguments filed on 27 January 2026, the Applicant argues that:

(1)  The Board took irrelevant matter into consideration and failed to take relevant matters into consideration.

(2)  The Board failed to apply a high standard of fairness.

(3)  The Board failed to exercise independent assessment.

(4)  The Board’s decision was irrational.

6.  The applicant was absent at the hearing on 13 March 2026, we dismissed the appeal with reasons to be handed down, what we do now.

DISCUSSION & DISPOSITION

7.  In an appeal against refusal of leave to apply for judicial review in non-refoulement cases, the Court of Appeal would only examine the decision of the judge in light of the grounds advanced by the applicant. If no viable ground is put forward to reverse the judge’s decision, the appeal should be dismissed. The Court of Appeal’s role is not to examine the Board’s decision afresh as if it was a fresh application for judicial review (see Nupur Mst v Director of Immigration [2018] HKCA 524, at §14(6)).

8.  The assessment of evidence, country of origin information, risk of harm, state protection and viability of internal relocation are primarily within the province of the Board and the Director. The court will not intervene by way of judicial review unless there are errors of law or procedural unfairness or irrationality in the decision of the Board: Re Kartini [2019] HKCA 1022.

9.  The matters raised in the Applicant’s Notice of Appeal are all general allegations without particulars whereas the complaints in the skeleton arguments are directed at the Board. They do not relate to the Judge’s reasons for refusing to grant leave to the Applicant to apply for judicial review and do not constitute any valid grounds of appeal against the Judge’s decision. Furthermore, general assertions of fear if refouled do not constitute proper grounds of appeal: Re Saldua Dorothy Trifalgar [2022] HKCA 627 at [6].

10.  The Applicant has failed to identify or show any error in the Judge’s decision refusing to grant leave to apply for judicial review, or raise any viable ground of appeal against the Order.

11.  The Applicant’s appeal has no merit, and is dismissed.