PASCUA MICHELLE ENRIQUEZ AND ANOTHER v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

PASCUA MICHELLE ENRIQUEZ AND ANOTHER v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

Leave was dismissed because the Applicants failed to identify any reasonably arguable legal error, procedural unfairness or irrationality in the Director's and Board's findings that the risk was low, that state protection and internal relocation were available, and because judicial review is not a rehearing of the factual risk assessment and the Applicants provided no particularised grounds in their leave application.

Citation
[2023] HKCFI 1734
Parties
1st Applicant: Pascua Michelle Enriquez; 2nd Applicant: Pascua Emil Theodore Enriquez; Putative Respondent: Torture Claims Appeal Board; Putative Interested Party: Director of Immigration
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
5 July 2023
Case Number
HCAL435/2021
Procedural Posture
Leave to Apply for Judicial Review (non Refoulement/torture Claim) / Application for Leave Dismissed on Papers After Screening (consideration of Documents Only)
Outcome
The application for leave to apply for judicial review is dismissed.
Legal Topics
Non Refoulement, Prohibition of Torture, Internal Relocation, Procedural Fairness, Standard of Judicial Review
Source Language
EN
Immigration Law Constitutional Law Administrative Law Human Rights Law Refugee Law Non Refoulement Prohibition of Torture Internal Relocation +2 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 8 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Pascua Michelle Enriquez

1st Applicant

Pascua Emil Theodore Enriquez

2nd Applicant

Torture Claims Appeal Board

Putative Respondent

Director of Immigration

Putative Interested Party

Procedural Posture

Leave to Apply for Judicial Review (non Refoulement/torture Claim) / Application for Leave Dismissed on Papers After Screening (consideration of Documents Only)

Legal Issues

  1. 1 Whether there was an arguable legal error or procedural unfairness in the Director and Board's rejection of the non-refoulement claim
  2. 2 Whether the Applicants face a real risk of torture or violation of non-derogable rights if returned to the Philippines
  3. 3 Whether state protection or reasonable internal relocation was available to the Applicants

Ratio Decidendi

Leave was dismissed because the Applicants failed to identify any reasonably arguable legal error, procedural unfairness or irrationality in the Director's and Board's findings that the risk was low, that state protection and internal relocation were available, and because judicial review is not a rehearing of the factual risk assessment and the Applicants provided no particularised grounds in their leave application.

Court Disposition

The application for leave to apply for judicial review is dismissed.

Orders

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