BUI VAN SINH v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

BUI VAN SINH v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

Leave refused because the applicant failed to identify any reasonably arguable legal error, irrationality or procedural unfairness in the Director's and Board's decisions; the Board and Director reasonably assessed low risk, availability of state protection and internal relocation, and judicial review is not a forum to rehear the merits.

Citation
[2021] HKCFI 1065
Parties
Applicant: Bui Van Sinh; Putative Respondent: Torture Claims Appeal Board; Putative Interested Party: Director of Immigration
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
20 April 2021
Case Number
HCAL493/2021
Procedural Posture
Application for Leave to Apply for Judicial Review / Leave Application Refused by Deputy High Court Judge
Outcome
Leave to apply for judicial review refused.
Legal Topics
Non Refoulement, Torture Risk, Internal Relocation, Judicial Review Leave, Procedural Fairness, Standard of Review
Source Language
EN
Constitutional Law Administrative Law Immigration Law Human Rights Law Non Refoulement Torture Risk Internal Relocation Judicial Review Leave +2 more

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Parties

Bui Van Sinh

Applicant

Torture Claims Appeal Board

Putative Respondent

Director of Immigration

Putative Interested Party

Procedural Posture

Application for Leave to Apply for Judicial Review / Leave Application Refused by Deputy High Court Judge

Legal Issues

  1. 1 Whether leave to apply for judicial review should be granted
  2. 2 Whether the Board or Director made an error of law, acted irrationally or breached procedural fairness
  3. 3 Whether applicant faces real risk of torture or violation of non-derogable rights on return

Ratio Decidendi

Leave refused because the applicant failed to identify any reasonably arguable legal error, irrationality or procedural unfairness in the Director's and Board's decisions; the Board and Director reasonably assessed low risk, availability of state protection and internal relocation, and judicial review is not a forum to rehear the merits.

Court Disposition

Leave to apply for judicial review refused.

Orders

  • Leave to apply for judicial review refused.