NGUYEN THI HOANG NHUNG acting as guardian of VU BAO VY (a minor) AND ANOTHER v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE [Decision on Leave Application]

NGUYEN THI HOANG NHUNG acting as guardian of VU BAO VY (a minor) AND ANOTHER v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE [Decision on Leave Application]

Leave to apply for judicial review was refused because the applicant's grounds were bare assertions unsupported by evidence and thus there was no realistic prospect of success; the Board's findings that threats were unsubstantiated and that state protection and internal relocation were available were within the Board's fact-finding remit and not susceptible to supervisory intervention.

Citation
[2026] HKCFI 479
Parties
1st Applicant (guardian): Nguyen Thi Hoang Nhung acting as guardian of Vu Bao Vy (a minor); 2nd Applicant (minor): Vu Bao Vy; 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
28 January 2026
Case Number
HCAL2601/2025
Procedural Posture
Application for Leave to Apply for Judicial Review / Leave Refused (application Dismissed)
Outcome
Leave refused; application dismissed; non-compliance treated as mere irregularity
Legal Topics
Non Refoulement, Torture, Right to Life (hkbor Article 2), Cruel, Inhuman or Degrading Treatment (hkbor Article 3), Persecution (refugee Convention Article 33), Internal Relocation, Judicial Review Leave
Source Language
EN
Constitutional and Administrative Law Immigration Law Human Rights Law Non Refoulement Torture Right to Life (hkbor Article 2) Cruel, Inhuman or Degrading Treatment (hkbor Article 3) Persecution (refugee Convention Article 33) +2 more

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Parties

Nguyen Thi Hoang Nhung acting as guardian of Vu Bao Vy (a minor)

1st Applicant (guardian)

Vu Bao Vy

2nd 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 / Leave Refused (application Dismissed)

Legal Issues

  1. 1 Whether the applicant has a realistic prospect of success to obtain leave for judicial review
  2. 2 Whether the Board failed to consider the right to life under HKBOR (BOR 2)
  3. 3 Whether the Board erred by over-relying on country of origin information without proper regard to the applicant's personal circumstances

Ratio Decidendi

Leave to apply for judicial review was refused because the applicant's grounds were bare assertions unsupported by evidence and thus there was no realistic prospect of success; the Board's findings that threats were unsubstantiated and that state protection and internal relocation were available were within the Board's fact-finding remit and not susceptible to supervisory intervention.

Court Disposition

Leave refused; application dismissed; non-compliance treated as mere irregularity

Orders

  • Leave to apply for judicial review refused
  • Non-compliance with Order 80, rule 2 of the RHC treated as a mere irregularity without rendering the application a nullity