TO HOANG CONG v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE

CACV 375/2025, [2026] HKCA 551

On Appeal From [2025] HKCFI 2189

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CIVIL APPEAL NO 375 OF 2025

(ON APPEAL FROM HCAL NO 2775 OF 2019)

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J U D G M E N T

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The Court:

INTRODUCTION

1.  This is the Applicant’s appeal against the order of Deputy High Court Judge Reuden Lai (“the Judge”) dated 26 May 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 23 August 2019 (“the Board’s Decision”).

BACKGROUND

2.  The Applicant is a national of Vietnam. On 6 March 2019, the Applicant lodged a non-refoulement claim on the basis that, if refouled, he would be harmed or killed by his lender because he was unable to repay the loan.[1]  The Applicant’s claim was rejected by the Director of Immigration (“the Director”) on 17 May 2019, and the appeal against the Director’s decision was rejected by the Board on 23 August 2019. Details of the Applicant’s claim and the Board’s reasons for rejecting the Applicant’s appeal can be found in the CALL-1 Form dated 26 May 2025.  

3.  The Applicant’s application for leave to apply for judicial review was refused by the Judge on 26 May 2025. Details of the Judge’s reasons for refusing to grant leave can be found in the CALL-1 Form.

GROUNDS OF APPEAL

4.  In the Notice of Appeal filed on 9 June 2025, the Applicant essentially argues that he would be beaten or even killed by his creditors and gangsters if he returned, that the Director failed to appreciate or properly assess the viability of his internal relocation, and that the Director failed to consider his human rights.  In the supporting affirmation, the Applicant states that there was a good ground of appeal that was not necessarily considered in the application for judicial review and that the Director and the Board “did not see the grounds to reserve their decisions”.

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.

DISCUSSION AND DISPOSITIONS

6.  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)).

7.  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.

8.  The matters raised in the Applicant’s Notice of Appeal and supporting affirmation 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].

9.  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.

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