DINH KHAC PHI v. TORTURE CLAIMS APPEAL BOARD/ NON-REFOULEMENT CLAIMS PETITION OFFICE [Decision on Leave Application]

DINH KHAC PHI v. TORTURE CLAIMS APPEAL BOARD/ NON-REFOULEMENT CLAIMS PETITION OFFICE [Decision on Leave Application]

Leave to apply for judicial review and extension of time were refused because the Board's decision contained no error of law or procedural unfairness, the Board lawfully applied COI and accepted the applicant's facts showing only verbal, monetary threats, and there was no realistic prospect of success.

Citation
[2021] HKCFI 3366
Parties
Applicant: Dinh Khac Phi; 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
17 November 2021
Case Number
HCAL893/2018
Procedural Posture
Application for Leave to Apply for Judicial Review / Leave Application (considered on Papers)
Outcome
Application for leave to apply for judicial review refused; extension of time refused; application dismissed.
Legal Topics
Non Refoulement, Torture Risk, State Protection, Internal Relocation, Procedural Fairness, Extension of Time, Oral Hearing
Source Language
EN
Constitutional Law Administrative Law Immigration Law Refugee Law Human Rights Law Judicial Review Non Refoulement Torture Risk +5 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 5 Authorities cited 8 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Dinh Khac Phi

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 / Leave Application (considered on Papers)

Legal Issues

  1. 1 Whether leave to apply for judicial review should be granted
  2. 2 Whether extension of time to apply should be granted
  3. 3 Whether the Board erred in law or acted irrationally or procedurally unfairly

Ratio Decidendi

Leave to apply for judicial review and extension of time were refused because the Board's decision contained no error of law or procedural unfairness, the Board lawfully applied COI and accepted the applicant's facts showing only verbal, monetary threats, and there was no realistic prospect of success.

Court Disposition

Application for leave to apply for judicial review refused; extension of time refused; application dismissed.

Orders

  • Leave to apply for judicial review refused.
  • Extension of time to apply for leave refused.