NGUYEN QUANG HIEN AND OTHERS v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE [Decision on Leave Application]

NGUYEN QUANG HIEN AND OTHERS v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE [Decision on Leave Application]

Consolidation was ordered because the Board's Decision addressed common familial facts and consolidation avoids duplication of appeals and costs; on the merits the Board had considered each applicant's case, found the core factual account to be invented, the daughter had earlier legal representation and no specific...

Source-derived case information.

Citation
[2021] HKCFI 672
Parties
1st Applicant: Nguyen Quang Hien; 2nd Applicant: Nguyen Lan Huong; 3rd Applicant: Nguyen Thu Hang; 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
23 March 2021
Case Number
HCAL1289/2018
Procedural Posture
Application for Leave to Apply for Judicial Review / Consideration on Papers (order 53 R.3)
Outcome
Application for leave to apply for judicial review refused; matter consolidated with HCAL 1660/2018; directions given regarding Form Call-1 and appeal rights.
Legal Topics
Consolidation of Proceedings, Leave to Apply for Judicial Review, Appeal and Extension of Time, Treatment of Minors/disabled Persons in Immigration Proceedings
Source Language
en
Constitutional and Administrative Law Immigration Law Non Refoulement Law Asylum and Torture Claims Consolidation of Proceedings Leave to Apply for Judicial Review Appeal and Extension of Time Treatment of Minors/disabled Persons in Immigration Proceedings

Source-derived case record

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 Party arguments 2
Sign in to unlock

Parties

Nguyen Quang Hien

1st Applicant

Nguyen Lan Huong

2nd Applicant

Nguyen Thu Hang

3rd Applicant

Torture Claims Appeal Board/Non-refoulement Claims Petition Office

Putative Respondent

Director of Immigration

Putative Interested Party

Procedural Posture

Application for Leave to Apply for Judicial Review / Consideration on Papers (order 53 R.3)

Legal Issues

  1. 1 Whether the husband applicant's leave application should be consolidated with HCAL 1660/2018
  2. 2 Whether the 3rd applicant's (disabled daughter) leave application discloses arguable grounds requiring remittance for rehearing
  3. 3 Whether the Board afforded fair consideration to the applicants' non-refoulement claims

Ratio Decidendi

Consolidation was ordered because the Board's Decision addressed common familial facts and consolidation avoids duplication of appeals and costs; on the merits the Board had considered each applicant's case, found the core factual account to be invented, the daughter had earlier legal representation and no specific unconsidered grounds were shown, therefore the leave applications lacked merit and must be dismissed.

Court Disposition

Application for leave to apply for judicial review refused; matter consolidated with HCAL 1660/2018; directions given regarding Form Call-1 and appeal rights.

Orders

  • This matter consolidates with HCAL 1660 of 2018 and the husband is named 1st applicant, wife 2nd applicant and daughter 3rd applicant
  • The application for extension of time to appeal in HCAL 1660 of 2018 is stayed with liberty to apply