FERNANDEZ LANIE MARINEZ AND ANOTHER v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE [Decision on Leave Application]

FERNANDEZ LANIE MARINEZ AND ANOTHER v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE [Decision on Leave Application]

Leave refused because the Board correctly applied the law and principles under the USM, made credible and permissible findings of fact about risk, state protection and internal relocation, and the Decision contained no error of law, procedural unfairness or irrationality; applicants lacked a realistic prospect of success.

Citation
[2023] HKCFI 2382
Parties
1st Applicant: Fernandez Lanie Marinez; 2nd Applicant (minor): Fernandez Noeza Aliah; 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
20 September 2023
Case Number
HCAL73/2019
Procedural Posture
Application for Leave to Apply for Judicial Review (non Refoulement/usm) / Leave Application Refused at First Instance
Outcome
Leave to apply for judicial review refused.
Legal Topics
Non Refoulement, Torture (article 3 Cat), Persecution, Internal Relocation, Standard and Burden of Proof, Procedural Fairness, Wednesbury Unreasonableness
Source Language
EN
Immigration Law Constitutional and Administrative Law Human Rights Refugee and Asylum Law Judicial Review Non Refoulement Torture (article 3 Cat) Persecution +4 more

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Parties

Fernandez Lanie Marinez

1st Applicant

Fernandez Noeza Aliah

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 (non Refoulement/usm) / Leave Application Refused at First Instance

Legal Issues

  1. 1 Whether the Board committed error of law in assessing non-refoulement claims under the Unified Screening Mechanism
  2. 2 Whether there was procedural unfairness in the screening or appeal process
  3. 3 Whether the Board's factual findings were irrational or Wednesbury unreasonable

Ratio Decidendi

Leave refused because the Board correctly applied the law and principles under the USM, made credible and permissible findings of fact about risk, state protection and internal relocation, and the Decision contained no error of law, procedural unfairness or irrationality; applicants lacked a realistic prospect of success.

Court Disposition

Leave to apply for judicial review refused.

Orders

  • Leave to apply for judicial review refused.