BUI MINH HAI v. DIRECTOR OF IMMIGRATION [Decision on Leave Application]

BUI MINH HAI v. DIRECTOR OF IMMIGRATION [Decision on Leave Application]

Leave refused because the applicant failed to identify any arguable legal error, procedural unfairness or irrationality in the Director's or Board's decisions; the Board's adverse credibility findings were supported by detailed reasoning based on oral evidence, and the risks asserted were localized with reasonable internal relocation options, so there was no prospect of success on judicial review.

Citation
[2020] HKCFI 1297
Parties
Applicant: Bui Minh Hai; Putative Respondent: Director of Immigration
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
2 July 2020
Case Number
HCAL435/2018
Procedural Posture
Judicial Review / Application for Leave (refused)
Outcome
Leave to apply for judicial review refused
Legal Topics
Non Refoulement, Torture Risk, Credibility Findings, Internal Relocation, Bill of Rights Articles 2 and 3
Source Language
EN
Immigration Law Constitutional Law Administrative Law Human Rights Law Non Refoulement Torture Risk Credibility Findings Internal Relocation +1 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 3 Authorities cited 10 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Bui Minh Hai

Applicant

Director of Immigration

Putative Respondent

Procedural Posture

Judicial Review / Application for Leave (refused)

Legal Issues

  1. 1 Whether the Director and the Torture Claims Appeal Board erred in law or procedure in rejecting the non-refoulement claim
  2. 2 Whether the applicant faces a real risk of persecution, torture or violation of non-derogable rights on return to Vietnam
  3. 3 Whether internal relocation within Vietnam is a reasonable alternative

Ratio Decidendi

Leave refused because the applicant failed to identify any arguable legal error, procedural unfairness or irrationality in the Director's or Board's decisions; the Board's adverse credibility findings were supported by detailed reasoning based on oral evidence, and the risks asserted were localized with reasonable internal relocation options, so there was no prospect of success on judicial review.

Court Disposition

Leave to apply for judicial review refused

Orders

  • Leave to apply for judicial review refused