GERSANIBA IRHINE LEBAQUIN AND ANOTHER v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

GERSANIBA IRHINE LEBAQUIN AND ANOTHER v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

Leave to apply for judicial review was refused because the Applicants failed to identify any arguable legal error, irrationality or procedural unfairness in the Director's and Board's decisions; the Board's adverse credibility findings and factual conclusions that there were no substantial grounds for a real and foreseeable risk, that state protection and internal relocation were available, and that the Applicants' application lacked particulars, were not susceptible to challenge on judicial review.

Citation
[2023] HKCFI 2137
Parties
1st Applicant: Gersaniba Irhine Lebaquin; 2nd Applicant: Mahamood Mohamed Azanan; Putative Respondent: Torture Claims Appeal Board; Putative Interested Party: Director of Immigration
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
18 August 2023
Case Number
HCAL374/2019
Procedural Posture
Application for Leave to Apply for Judicial Review (non‑refoulement/torture/immigration) / Leave Application Refused
Outcome
Leave for the Applicants to apply for judicial review refused
Legal Topics
Non‑refoulement, Torture Risk, Article 2 Right to Life, Article 3 Prohibition of Torture, Refugee Convention Article 33, Internal Relocation, Procedural Fairness, Judicial Review Leave Threshold, Credibility Findings
Source Language
EN
Constitutional Law Administrative Law Immigration Law Human Rights Law Child Law Non‑refoulement Torture Risk Article 2 Right to Life +6 more

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Parties

Gersaniba Irhine Lebaquin

1st Applicant

Mahamood Mohamed Azanan

2nd Applicant

Torture Claims Appeal Board

Putative Respondent

Director of Immigration

Putative Interested Party

Procedural Posture

Application for Leave to Apply for Judicial Review (non‑refoulement/torture/immigration) / Leave Application Refused

Legal Issues

  1. 1 Whether Applicants face real and foreseeable risk of harm or killing from private actors such that non‑refoulement protection is required
  2. 2 Whether there was a breach of Articles 2 or 3 of the HKBOR or Part VIIC of the Immigration Ordinance
  3. 3 Whether state protection or reasonable internal relocation in the Philippines would remove the risk

Ratio Decidendi

Leave to apply for judicial review was refused because the Applicants failed to identify any arguable legal error, irrationality or procedural unfairness in the Director's and Board's decisions; the Board's adverse credibility findings and factual conclusions that there were no substantial grounds for a real and foreseeable risk, that state protection and internal relocation were available, and that the Applicants' application lacked particulars, were not susceptible to challenge on judicial review.

Court Disposition

Leave for the Applicants to apply for judicial review refused

Orders

  • Leave for the Applicants to apply for judicial review refused.