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

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

The leave application was dismissed because the applicant failed to identify any valid public law ground; the Board's factual and COI assessments were within its province and there was no error of law, procedural unfairness or irrationality. The Board permissibly concluded the dispute was private, there was no intent to harm amounting to torture or serious ill-treatment, and internal relocation was available; therefore the intended judicial review was not reasonably arguable with realistic prospects of success.

Citation
[2026] HKCFI 996
Parties
Applicant: Bui Thi Ly; 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
27 March 2026
Case Number
HCAL34/2022
Procedural Posture
Judicial Review (leave Application) / Notification of Decision on Consideration of Documents; Leave Application Dismissed
Outcome
Leave application dismissed
Legal Topics
Non Refoulement, Torture/ill Treatment, Unified Screening Mechanism, Procedural Fairness, Judicial Review Leave Threshold
Source Language
EN
Administrative Law Constitutional Law Immigration Law Human Rights Law Non Refoulement Torture/ill Treatment Unified Screening Mechanism Procedural Fairness +1 more

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Parties

Bui Thi Ly

Applicant

Torture Claims Appeal Board/Non-refoulement Claims Petition Office

Putative Respondent

Director of Immigration

Putative Interested Party

Procedural Posture

Judicial Review (leave Application) / Notification of Decision on Consideration of Documents; Leave Application Dismissed

Legal Issues

  1. 1 Whether leave for judicial review should be granted
  2. 2 Whether the Board's decision involved error of law, procedural unfairness or irrationality
  3. 3 Whether the applicant established substantial grounds to believe she would face torture or serious ill-treatment on return to Vietnam

Ratio Decidendi

The leave application was dismissed because the applicant failed to identify any valid public law ground; the Board's factual and COI assessments were within its province and there was no error of law, procedural unfairness or irrationality. The Board permissibly concluded the dispute was private, there was no intent to harm amounting to torture or serious ill-treatment, and internal relocation was available; therefore the intended judicial review was not reasonably arguable with realistic prospects of success.

Court Disposition

Leave application dismissed

Orders

  • Form 86 be amended, naming only the Torture Claims Appeal Board/Non-refoulement Claims Petition Office as the Putative Respondent and the Director of Immigration as the Putative Interested Party.
  • The application for leave to apply for judicial review is dismissed.