BUI THI HANG v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

BUI THI HANG v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

The leave application was dismissed because the Director and the Board applied correct legal principles, made findings that the risk was localized and low, reasonably concluded that state protection and internal relocation were available, and there was no demonstrable legal error, irrationality or procedural unfairness to justify judicial review; therefore no arguable prospect of success existed.

Citation
[2023] HKCFI 3103
Parties
Applicant: Bui Thi Hang; Putative Respondent: Torture Claims Appeal Board; Putative Interested Party: Director of Immigration
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
5 December 2023
Case Number
HCAL1546/2021
Procedural Posture
Judicial Review (leave Application) / Leave Stage Dismissed
Outcome
Leave application dismissed
Legal Topics
Non Refoulement, Torture Risk, Internal Relocation, Procedural Fairness, Judicial Review Standard
Source Language
EN
Immigration Law Constitutional Law Administrative Law Non Refoulement Torture Risk Internal Relocation Procedural Fairness Judicial Review Standard

Case Brief

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Parties

Bui Thi Hang

Applicant

Torture Claims Appeal Board

Putative Respondent

Director of Immigration

Putative Interested Party

Procedural Posture

Judicial Review (leave Application) / Leave Stage Dismissed

Legal Issues

  1. 1 Whether the Board erred in law in rejecting the Applicant's non-refoulement claim
  2. 2 Whether risk of torture or serious harm from private actors (husband/creditor) was established
  3. 3 Whether state protection and internal relocation were reasonably available

Ratio Decidendi

The leave application was dismissed because the Director and the Board applied correct legal principles, made findings that the risk was localized and low, reasonably concluded that state protection and internal relocation were available, and there was no demonstrable legal error, irrationality or procedural unfairness to justify judicial review; therefore no arguable prospect of success existed.

Court Disposition

Leave application dismissed

Orders

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