CUNANAN BELLA SAMILING v. IMMIGRATION DEPARTMENT [Decision on Leave Application]

CUNANAN BELLA SAMILING v. IMMIGRATION DEPARTMENT [Decision on Leave Application]

Leave for judicial review was refused because the applicant pursued and exhausted the statutory appeal to the Torture Claims Appeal Board which produced the final decision; the applicant failed to identify any arguable legal error or procedural unfairness in the Board's adverse credibility findings; objective country information and the Board's findings supported availability of internal relocation and state protection, such that there was no prospect of success for judicial review.

Citation
[2020] HKCFI 1707
Parties
Applicant: Cunanan Bella Samiling; Putative Respondent: Immigration Department
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
27 July 2020
Case Number
HCAL505/2018
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 Risk, Bill of Rights Article 2 (right to Life), Bill of Rights Article 3 (prohibition of Torture and Inhuman Treatment), Internal Relocation, Credibility Findings, Finality of Administrative Appeal
Source Language
EN
Constitutional Law Administrative Law Immigration Law Human Rights Refugee and Non Refoulement Law Non Refoulement Torture Risk Bill of Rights Article 2 (right to Life) +4 more

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Parties

Cunanan Bella Samiling

Applicant

Immigration Department

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 is available after a non-refoulement appeal to the Torture Claims Appeal Board
  2. 2 Whether the Board erred in law or committed procedural unfairness in rejecting the claim
  3. 3 Whether the applicant faces a real risk of torture, death or serious harm on return

Ratio Decidendi

Leave for judicial review was refused because the applicant pursued and exhausted the statutory appeal to the Torture Claims Appeal Board which produced the final decision; the applicant failed to identify any arguable legal error or procedural unfairness in the Board's adverse credibility findings; objective country information and the Board's findings supported availability of internal relocation and state protection, such that there was no prospect of success for judicial review.

Court Disposition

Leave to apply for judicial review refused.

Orders

  • Leave to apply for judicial review refused.