DANG VAN BAO v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

DANG VAN BAO v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

Leave was refused because the applicant failed to identify any reasonably arguable legal error, procedural unfairness or irrationality in the Director's or Board's decisions; the Board's adverse credibility findings and conclusion that any risk was localized and internal relocation available were within proper...

Source-derived case information.

Citation
[2025] HKCFI 3565
Parties
Applicant: Dang Van Bao; Putative Respondent: Torture Claims Appeal Board; Putative Interested Party: Director of Immigration
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
21 August 2025
Case Number
HCAL2066/2020
Procedural Posture
Application for Leave to Apply for Judicial Review of Non Refoulement/torture Determination / Leave Application Dismissed at First Instance (decision on Leave)
Outcome
Application for leave to apply for judicial review dismissed.
Legal Topics
Non‑refoulement, Torture Risk, Internal Relocation, Credibility Assessment, Judicial Review Leave Threshold, Screening and Appeal Process
Source Language
en
Constitutional Law Administrative Law Immigration Law Human Rights Law Non‑refoulement Torture Risk Internal Relocation Credibility Assessment +2 more

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Parties

Dang Van Bao

Applicant

Torture Claims Appeal Board

Putative Respondent

Director of Immigration

Putative Interested Party

Procedural Posture

Application for Leave to Apply for Judicial Review of Non Refoulement/torture Determination / Leave Application Dismissed at First Instance (decision on Leave)

Legal Issues

  1. 1 Whether there was any arguable error of law by the Director or the Board
  2. 2 Whether there was procedural unfairness or irrationality in the Board's decision
  3. 3 Whether the applicant faced a real risk of torture or persecution on return to Vietnam

Ratio Decidendi

Leave was refused because the applicant failed to identify any reasonably arguable legal error, procedural unfairness or irrationality in the Director's or Board's decisions; the Board's adverse credibility findings and conclusion that any risk was localized and internal relocation available were within proper evaluative judgment and supported the dismissal of the claim; the applicant later confirmed desire to return to Vietnam, reinforcing absence of prospect of success.

Court Disposition

Application for leave to apply for judicial review dismissed.

Orders

  • The application for leave to apply for judicial review is dismissed.