DO THI TUYET 對 TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE

DO THI TUYET 對 TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE

Permission to appeal was refused because the applicant did not identify any error in the Court of Appeal's decision, did not demonstrate that the proposed appeal raised issues of general or public importance, and offered no other reason to justify the Court of Final Appeal's intervention.

Source-derived case information.

Citation
[2023] HKCA 623
Parties
Applicant: Do Thi Tuyet; Respondent: Torture Claims Appeal Board / Non-refoulement Claims Petition Office; Interested Party: Director of Immigration
Court
Court of Appeal
Jurisdiction
Hong Kong
Judgment Date
4 May 2023
Case Number
CAMP143/2022
Procedural Posture
Judicial Review Non Refoulement/torture Claim / Application for Permission to Appeal to the Court of Final Appeal
Outcome
Application for permission to appeal to the Court of Final Appeal refused; Notice of Motion struck out.
Legal Topics
Leave to Appeal, Non Refoulement, Torture Claim, Timeliness/late Appeal
Source Language
ch
Administrative Law Immigration Law Human Rights Law Civil Procedure Leave to Appeal Non Refoulement Torture Claim Timeliness/late Appeal

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Downloadable case file Legal principles 2 Authorities cited 1 Party arguments 2
Sign in to unlock

Parties

Do Thi Tuyet

Applicant

Torture Claims Appeal Board / Non-refoulement Claims Petition Office

Respondent

Director of Immigration

Interested Party

Procedural Posture

Judicial Review Non Refoulement/torture Claim / Application for Permission to Appeal to the Court of Final Appeal

  1. 1 Whether permission to appeal to the Court of Final Appeal should be granted under s22(1)(b) of the Court of Final Appeal Ordinance (Cap.484)
  2. 2 Whether the proposed appeal raises issues of general or public importance or other reasons warranting determination by the Court of Final Appeal
  3. 3 Whether the applicant demonstrated any error in the Court of Appeal's refusal of leave

Ratio Decidendi

Permission to appeal was refused because the applicant did not identify any error in the Court of Appeal's decision, did not demonstrate that the proposed appeal raised issues of general or public importance, and offered no other reason to justify the Court of Final Appeal's intervention.

Court Disposition

Application for permission to appeal to the Court of Final Appeal refused; Notice of Motion struck out.

Orders

  • Permission to appeal to the Court of Final Appeal refused
  • Notice of Motion filed 18 November 2022 struck out