PHAM THI THU HIEN AND ANOTHER v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

PHAM THI THU HIEN AND ANOTHER v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

Leave was refused because applicants failed to identify any reasonably arguable error of law, irrationality or procedural unfairness in the Director's and Board's evaluations; the evidence supported findings of a private, localized dispute with low intensity of past ill-treatment, availability of state protection and reasonable internal relocation, and judicial review cannot be used to relitigate the merits of the non-refoulement assessment.

Citation
[2021] HKCFI 2858
Parties
1st Applicant: Pham Thi Thu Hien; 2nd Applicant: Vu Minh Hieu; Putative Respondent: Torture Claims Appeal Board; Putative Interested Party: Director of Immigration
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
23 September 2021
Case Number
HCAL1260/2018
Procedural Posture
Judicial Review (leave Application) / Leave Application Dismissed (notification of Decision)
Outcome
Leave to apply for judicial review dismissed
Legal Topics
Non Refoulement, Torture Risk, Right to Life, Convention Against Torture, Judicial Review Leave, Country of Origin Information, Internal Relocation
Source Language
EN
Immigration Law Constitutional Law Administrative Law Human Rights Law Non Refoulement Torture Risk Right to Life Convention Against Torture +3 more

Case Brief

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Parties

Pham Thi Thu Hien

1st Applicant

Vu Minh Hieu

2nd Applicant

Torture Claims Appeal Board

Putative Respondent

Director of Immigration

Putative Interested Party

Procedural Posture

Judicial Review (leave Application) / Leave Application Dismissed (notification of Decision)

Legal Issues

  1. 1 Whether applicants have substantial grounds for a non-refoulement claim based on threat from a private creditor
  2. 2 Whether the Director of Immigration and the Torture Claims Appeal Board committed error of law, acted irrationally or procedurally unfairly in assessing the claim
  3. 3 Whether internal relocation within Vietnam is a reasonable and available alternative negating non-refoulement protection

Ratio Decidendi

Leave was refused because applicants failed to identify any reasonably arguable error of law, irrationality or procedural unfairness in the Director's and Board's evaluations; the evidence supported findings of a private, localized dispute with low intensity of past ill-treatment, availability of state protection and reasonable internal relocation, and judicial review cannot be used to relitigate the merits of the non-refoulement assessment.

Court Disposition

Leave to apply for judicial review dismissed

Orders

  • The application for leave to apply for judicial review be dismissed.