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

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

Because the applicant failed to provide any sufficient written evidence that her failure to return the completed NCF was due to circumstances beyond her control, the Director lawfully treated the claim as withdrawn and properly declined to re-open it under s37ZG; the Board’s dismissal was procedurally fair and not irrational, and therefore there was no reasonably arguable ground for judicial review and leave is refused.

Citation
[2021] HKCFI 510
Parties
Applicant: Dinh Thi Van; 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
11 March 2021
Case Number
HCAL1205/2018
Procedural Posture
Judicial Review (leave Application) / Leave Application (refused)
Outcome
Leave to apply for judicial review refused.
Legal Topics
Non Refoulement, Torture Claim, Re Opening of Withdrawn Claim, Procedural Fairness, Leave to Apply for Judicial Review
Source Language
EN
Immigration Law Administrative Law Constitutional Law Human Rights Law Non Refoulement Torture Claim Re Opening of Withdrawn Claim Procedural Fairness +1 more

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Parties

Dinh Thi Van

Applicant

Torture Claims Appeal Board/Non-refoulement Claims Petition Office

Putative Respondent

Director of Immigration

Putative Interested Party

Procedural Posture

Judicial Review (leave Application) / Leave Application (refused)

Legal Issues

  1. 1 Whether the claim was validly treated as withdrawn for failure to return the NCF
  2. 2 Whether the applicant provided sufficient evidence that failure to return the NCF was due to circumstances beyond her control to justify re-opening under s37ZG
  3. 3 Whether the Board’s decision refusing re-opening was procedurally fair and legally reasonable

Ratio Decidendi

Because the applicant failed to provide any sufficient written evidence that her failure to return the completed NCF was due to circumstances beyond her control, the Director lawfully treated the claim as withdrawn and properly declined to re-open it under s37ZG; the Board’s dismissal was procedurally fair and not irrational, and therefore there was no reasonably arguable ground for judicial review and leave is refused.

Court Disposition

Leave to apply for judicial review refused.

Orders

  • Leave to apply for Judicial Review refused.