BUI THI THU v. DIRECTOR OF IMMIGRATION AND ANOTHER [Decision on Leave Application]

BUI THI THU v. DIRECTOR OF IMMIGRATION AND ANOTHER [Decision on Leave Application]

Leave to apply for judicial review was dismissed because the Director's decision was superseded by the Board's decision, the Board's decision contained detailed, lawful reasoning on COI, state protection and internal relocation, the applicant's grounds were vague and lacked particulars and therefore had no realistic...

Source-derived case information.

Citation
[2026] HKCFI 2816
Parties
Applicant: Bui Thi Thu; 1st Putative Respondent: Director of Immigration; 2nd Putative Respondent: Torture Claims Appeal Board; Putative Interested Party: Director of Immigration
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
20 May 2026
Case Number
HCAL1925/2023
Procedural Posture
Application for Leave to Apply for Judicial Review / Decision on Leave Application (refusal/dismissal)
Outcome
Application for leave to apply for judicial review dismissed in respect of both the Director of Immigration's decision dated 30 November 2021 and the Torture Claims Appeal Board's decision dated 16 October 2023; application to withdraw refused.
Legal Topics
Non Refoulement, Leave to Apply for Judicial Review, Procedural Fairness, Wednesbury Unreasonableness, Country of Origin Information, Withdrawal of Application
Source Language
en
Constitutional and Administrative Law Immigration Human Rights Judicial Review Non Refoulement Leave to Apply for Judicial Review Procedural Fairness Wednesbury Unreasonableness +2 more

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Parties

Bui Thi Thu

Applicant

Director of Immigration

1st Putative Respondent

Torture Claims Appeal Board

2nd Putative Respondent

Director of Immigration

Putative Interested Party

Procedural Posture

Application for Leave to Apply for Judicial Review / Decision on Leave Application (refusal/dismissal)

Legal Issues

  1. 1 Whether leave to apply for judicial review should be granted
  2. 2 Whether the Director's decision remained reviewable after appeal to the Board
  3. 3 Whether the applicant's grounds contained sufficient particulars to found judicial review

Ratio Decidendi

Leave to apply for judicial review was dismissed because the Director's decision was superseded by the Board's decision, the Board's decision contained detailed, lawful reasoning on COI, state protection and internal relocation, the applicant's grounds were vague and lacked particulars and therefore had no realistic prospects of success, and the court refused the applicant's request to withdraw and proceeded to dismiss the leave application.

Court Disposition

Application for leave to apply for judicial review dismissed in respect of both the Director of Immigration's decision dated 30 November 2021 and the Torture Claims Appeal Board's decision dated 16 October 2023; application to withdraw refused.

Orders

  • Name of 2nd putative respondent amended to Torture Claims Appeal Board
  • Director of Immigration added as putative interested party