BUI THANH LUAN v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE [Decision on Leave Application]

BUI THANH LUAN v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE [Decision on Leave Application]

Leave was refused because the applicant failed to demonstrate any arguable legal error, procedural unfairness or irrationality in the Board's decision; the Board's factual findings that the claim was unsubstantiated, the harm arose from a private dispute, injuries were minor, state protection was available and internal relocation was viable were not susceptible to supervisory intervention, so there was no realistic prospect of success.

Citation
[2026] HKCFI 1286
Parties
Applicant: Bui Thanh Luan; 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
13 March 2026
Case Number
HCAL1494/2021
Procedural Posture
Application for Leave to Apply for Judicial Review / Leave Stage Application Refused
Outcome
Leave to apply for judicial review refused; application dismissed.
Legal Topics
Non Refoulement, Torture, Refoulement, Internal Relocation, State Protection, Leave to Apply for Judicial Review, Procedural Fairness, Risk Assessment
Source Language
EN
Immigration Law Constitutional Law Administrative Law Human Rights Law Non Refoulement Torture Refoulement Internal Relocation +4 more

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Parties

Bui Thanh Luan

Applicant

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 / Leave Stage Application Refused

Legal Issues

  1. 1 Whether the applicant has a realistic prospect of success on a judicial review of the Board's decision
  2. 2 Whether the Board committed procedural unfairness by not allowing the applicant to clarify his case
  3. 3 Whether the Board erred in law or acted irrationally in assessing risks under Part VIIC Immigration Ordinance, Articles 2 and 3 of the Hong Kong Bill of Rights and Article 33 of the Refugee Convention

Ratio Decidendi

Leave was refused because the applicant failed to demonstrate any arguable legal error, procedural unfairness or irrationality in the Board's decision; the Board's factual findings that the claim was unsubstantiated, the harm arose from a private dispute, injuries were minor, state protection was available and internal relocation was viable were not susceptible to supervisory intervention, so there was no realistic prospect of success.

Court Disposition

Leave to apply for judicial review refused; application dismissed.

Orders

  • Leave to apply for judicial review refused.
  • Application dismissed.