Your World of Legal Intelligence
 Hong Kong | 1-800-335-6202

Ngo Quoc Phuc v Torture Claims Appeal Board

Judgment Cited authorities 2 Cited in Precedent Map Related
Vincent
Judgment Date06 September 2021
Neutral Citation[2021] HKCA 1256
Year2021
Judgement NumberCACV521/2020
Subject MatterCivil Appeal
CourtCourt of Appeal (Hong Kong)
CACV521A/2020 NGO QUOC PHUC v. TORTURE CLAIMS APPEAL BOARD

CACV 521/2020

[2021] HKCA 1256

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CIVIL APPEAL NO 521 OF 2020

(ON APPEAL FROM HCAL NO 926 OF 2018)

________________________

BETWEEN
Ngo Quoc Phuc Applicant
and
Torture Claims Appeal Board Putative Respondent
and
Director of Immigration Putative Interested Party

________________________

Before: Hon Kwan VP, Chu JA and Au JA in Court

Date of Written Submission: 21 May 2021

Date of Judgment: 6 September 2021

________________________

J U D G M E N T

________________________

Hon Kwan VP (giving the Judgment of the Court):

1. This is the applicant’s Notice of Motion for leave to appeal to the Court of Final Appeal against the judgment of the Court of Appeal (Kwan VP, Chu JA and Au JA) handed down on 23 April 2021 ([2021] HKCA 542). The Court of Appeal rejected his appeal against the decision of Deputy High Court Judge Bruno Chan dated 18 September 2020 ([2020] HKCFI 2340) refusing to grant leave for the applicant to seek judicial review concerning his non-refoulement claim.

2. Pursuant to paragraph 3 of Practice Direction 2.1, the Registrar of Civil Appeals had directed on 7 May 2021 that the Notice of Motion shall be determined on paper only without an oral hearing. The applicant lodged his written submissions on 21 May 2021. Having considered his submissions, we think it is appropriate to determine this application on paper and proceed to do so.

3. The applicant is a national of Vietnam. He entered Hong Kong illegally on 23 September 2015 and was arrested by police on the same day. On 27 September 2015, he raised a non‑refoulement claim on the basis that if he returns to Vietnam he will be harmed or killed by his creditor for failing to repay his debt.

4. His non-refoulement claim was rejected by the Director of Immigration (“the Director”) on 20 April 2017. His appeal against the Director’s decision was dismissed by the Torture Claims Appeal Board(“the Board”) on 20 March 2018.

5. He filed a Form 86 on 24 May 2018 to seek leave to apply for judicial review against the decision of the Board. DHCJ Bruno Chan dismissed the leave application on 18 September 2020.

6. On 28 September 2020, the applicant filed a notice of appeal against the judge’s decision. The appeal was dealt with by the Court of Appeal on paper without an oral hearing as the applicant consented to the disposal of his appeal on paper. The appeal was dismissed by the Court of Appeal on 23 April 2021. The applicant filed a Notice of Motion on 6 May 2021 for leave to appeal to the Court of Final Appeal.

Grounds of appeal

7. The applicant stated the following grounds of appeal in the Notice of Motion:

(1) The judges...

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT