BUI VAN TUAN v. TORTURE CLAIMS APPEAL BOARD AND ANOTHER [Decision on Leave Application]

BUI VAN TUAN v. TORTURE CLAIMS APPEAL BOARD AND ANOTHER [Decision on Leave Application]

Leave was refused because the applicant failed to identify any arguable legal error or procedural unfairness in the Director's and Board's decisions; both made reasonable factual assessments that the risk was localized, state protection and internal relocation were available, and judicial review cannot be used to rehear those assessments.

Citation
[2020] HKCFI 2324
Parties
Applicant: Bui Van Tuan; 1st Putative Respondent: Torture Claims Appeal Board; 2nd Putative Respondent: Director of Immigration
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
18 September 2020
Case Number
HCAL661/2018
Procedural Posture
Application for Leave to Apply for Judicial Review / Leave Application (refused)
Outcome
Leave to apply for judicial review refused.
Legal Topics
Non Refoulement, Torture, Right to Life, Internal Relocation, Judicial Review Leave
Source Language
EN
Immigration Constitutional Law Administrative Law Human Rights Non Refoulement Torture Right to Life Internal Relocation +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 8 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Bui Van Tuan

Applicant

Torture Claims Appeal Board

1st Putative Respondent

Director of Immigration

2nd Putative Respondent

Procedural Posture

Application for Leave to Apply for Judicial Review / Leave Application (refused)

Legal Issues

  1. 1 Whether leave to apply for judicial review should be granted
  2. 2 Whether the Director and the Torture Claims Appeal Board erred in law or procedure in rejecting the non-refoulement claim
  3. 3 Whether threats from a private creditor constitute a risk of torture or persecution

Ratio Decidendi

Leave was refused because the applicant failed to identify any arguable legal error or procedural unfairness in the Director's and Board's decisions; both made reasonable factual assessments that the risk was localized, state protection and internal relocation were available, and judicial review cannot be used to rehear those assessments.

Court Disposition

Leave to apply for judicial review refused.

Orders

  • Leave to apply for judicial review refused (decision dated 18 September 2020)