BUI QUANG HUY v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

BUI QUANG HUY v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

Leave was refused because the applicant failed to identify any reasonably arguable legal error, procedural unfairness or irrationality in the Director's and the Board's decisions; the Board accepted credibility but correctly found state protection and viable internal relocation in Vietnam, leaving no prospect of...

Source-derived case information.

Citation
[2020] HKCFI 2325
Parties
Applicant: Bui Quang Huy; Putative Respondent: Torture Claims Appeal Board; Putative Interested Party: Director of Immigration
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
18 September 2020
Case Number
HCAL672/2018
Procedural Posture
Leave to Apply for Judicial Review / Leave Stage Application for Leave Refused
Outcome
Leave to apply for judicial review refused.
Legal Topics
Non Refoulement, Torture Risk, Internal Relocation, State Protection, Judicial Review Leave
Source Language
en
Constitutional Law Administrative Law Immigration Law Human Rights Law Non Refoulement Torture Risk Internal Relocation State Protection +1 more

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Parties

Bui Quang Huy

Applicant

Torture Claims Appeal Board

Putative Respondent

Director of Immigration

Putative Interested Party

Procedural Posture

Leave to Apply for Judicial Review / Leave Stage Application for Leave Refused

Legal Issues

  1. 1 Whether applicant faces a real risk of torture or ill-treatment from non-state actors on return
  2. 2 Whether the alleged persecutors involve state or official agents
  3. 3 Whether effective state or police protection is available in country of origin

Ratio Decidendi

Leave was refused because the applicant failed to identify any reasonably arguable legal error, procedural unfairness or irrationality in the Director's and the Board's decisions; the Board accepted credibility but correctly found state protection and viable internal relocation in Vietnam, leaving no prospect of success on judicial review.

Court Disposition

Leave to apply for judicial review refused.

Orders

  • Leave to apply for judicial review refused.