Read the full judgment text of CACV 72/2023 on BabelCite. This Court of Appeal judgment was delivered on 13 June 2025 before Hon Chu VP and Barma JA.
Non-refoulement – judicial review – leave to appeal – creditor dispute – internal relocation – Board's decision – error of law – procedural unfairness – appeal dismissed. The applicant, a Vietnamese national who entered Hong Kong illegally, claimed non-refoulement based on fear of harm from a creditor. The Director and the Board rejected the claim, finding the harm insufficiently severe and internal relocation available. The Judge refused leave for judicial review. The applicant appealed, raising grounds that the creditor and gangsters are violent, internal relocation is not feasible, and the Director disregarded his human rights. The Court of Appeal dismissed the appeal, holding that the grounds were not viable, not raised below, and unsupported by evidence. The court applied the enhanced standard of review from Nupur Mst v Director of Immigration but found no error of law, irrationality, or procedural unfairness in the Board's decision. The appeal was therefore devoid of merits and dismissed.
Legal issues: Appeal from refusal of leave for judicial review
Outcome: Appeal dismissed.
Cited by 2 cases · Cites 3 cases