DUONG THI THANH THUY AND OTHERS v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE [Decision on Leave Application]

DUONG THI THANH THUY AND OTHERS v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE [Decision on Leave Application]

Leave was refused because the applicants failed to demonstrate any realistic prospect of success or identifiable legal error in the Board's findings; the Board had considered child-specific issues (including in A4's appeal) and state protection/internal relocation findings were supported by evidence; absence of separate legal representation for minors did not render the Board's decisions unlawful; procedural non-compliance was a mere irregularity and did not nullify the minors' applications.

Citation
[2025] HKCFI 5928
Parties
1st Applicant: Duong Thi Thanh Thuy; 2nd Applicant (minor): Nguyen Ha Vy; 3rd Applicant (minor): Nguyen Minh Tu; 4th Applicant (minor): Nguyen Minh Quan; Putative Respondent: Torture Claims Appeal Board/Non-refoulement Claims Petition Office; Putative Interested Party: Director of Immigration
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
17 December 2025
Case Number
HCAL1730/2020
Procedural Posture
Application for Leave to Apply for Judicial Review / Decision on Leave Application; Leave Refused
Outcome
Leave to apply for judicial review refused; joint application dismissed
Legal Topics
Non Refoulement, Torture (immigration Ordinance Part Viic), Right to Life (hkbor Article 2), CIDTP (hkbor Article 3), Judicial Review (leave to Apply), Procedural Irregularity, Joinder of Parties, State Protection, Internal Relocation
Source Language
EN
Constitutional and Administrative Law Immigration Law Human Rights Law Refugee Law Child Protection Law Non Refoulement Torture (immigration Ordinance Part Viic) Right to Life (hkbor Article 2) +6 more

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Parties

Duong Thi Thanh Thuy

1st Applicant

Nguyen Ha Vy

2nd Applicant (minor)

Nguyen Minh Tu

3rd Applicant (minor)

Nguyen Minh Quan

4th Applicant (minor)

Torture Claims Appeal Board/Non-refoulement Claims Petition Office

Putative Respondent

Director of Immigration

Putative Interested Party

Procedural Posture

Application for Leave to Apply for Judicial Review / Decision on Leave Application; Leave Refused

Legal Issues

  1. 1 Whether leave should be granted to challenge the Board's decisions dismissing non-refoulement/torture/persecution claims
  2. 2 Whether the Board failed to consider child-specific issues for minor applicants and whether that failure vitiates the decisions
  3. 3 Whether absence of legal representation for minors rendered the Board's decisions unlawful

Ratio Decidendi

Leave was refused because the applicants failed to demonstrate any realistic prospect of success or identifiable legal error in the Board's findings; the Board had considered child-specific issues (including in A4's appeal) and state protection/internal relocation findings were supported by evidence; absence of separate legal representation for minors did not render the Board's decisions unlawful; procedural non-compliance was a mere irregularity and did not nullify the minors' applications.

Court Disposition

Leave to apply for judicial review refused; joint application dismissed

Orders

  • Leave for the applicants to apply for judicial review of the Board's Decisions refused
  • Non-compliance with Order 80, rule 2 of the Rules of the High Court treated as a mere irregularity without rendering A2, A3 and A4's applications a nullity