DO KHANH DUONG v. TORTURE CLAIMS APPEAL BOARD / NON REFOULEMENT CLAIMS PETITION OFFICE [Decision on Leave Application]

DO KHANH DUONG v. TORTURE CLAIMS APPEAL BOARD / NON REFOULEMENT CLAIMS PETITION OFFICE [Decision on Leave Application]

Leave was refused because the Board lawfully and rationally allowed the applicant's voluntary and informed request to withdraw his appeal based on credible information; the Board observed fair procedure, correctly applied legal principles and there was no arguable error of law, procedural unfairness or Wednesbury unreasonableness, so the challenged decision had no realistic prospect of success.

Citation
[2022] HKCFI 1722
Parties
Applicant: Do Khanh Duong; 1st Putative Respondent: Torture Claims Appeal Board / Non-Refoulement Claims Petition Office; 2nd Putative Respondent: Director of Immigration
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
10 June 2022
Case Number
HCAL1301/2021
Procedural Posture
Application for Leave to Apply for Judicial Review (non Refoulement Proceedings) / Leave Application Refused (decision on Documents)
Outcome
Leave to apply for judicial review refused.
Legal Topics
Unified Screening Mechanism, Withdrawal of Appeal, Procedural Fairness, Wednesbury Unreasonableness, Changed Circumstances and Re‑claim Under Section 37 Zo(2)
Source Language
EN
Immigration Administrative Law Constitutional Law Human Rights (non Refoulement/torture) Unified Screening Mechanism Withdrawal of Appeal Procedural Fairness Wednesbury Unreasonableness +1 more

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Parties

Do Khanh Duong

Applicant

Torture Claims Appeal Board / Non-Refoulement Claims Petition Office

1st Putative Respondent

Director of Immigration

2nd Putative Respondent

Procedural Posture

Application for Leave to Apply for Judicial Review (non Refoulement Proceedings) / Leave Application Refused (decision on Documents)

Legal Issues

  1. 1 Whether the Board lawfully allowed the applicant to withdraw his appeal
  2. 2 Whether the Board committed error of law, procedural unfairness or irrationality in permitting withdrawal
  3. 3 Whether the Director's decision could be judicially reviewed following withdrawal of the appeal

Ratio Decidendi

Leave was refused because the Board lawfully and rationally allowed the applicant's voluntary and informed request to withdraw his appeal based on credible information; the Board observed fair procedure, correctly applied legal principles and there was no arguable error of law, procedural unfairness or Wednesbury unreasonableness, so the challenged decision had no realistic prospect of success.

Court Disposition

Leave to apply for judicial review refused.

Orders

  • Leave to apply for judicial review refused.