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

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

The applicant failed to comply with the statutory requirements of s37ZE(2) to re-open a withdrawn torture claim and failed to demonstrate any realistic prospect of success on judicial review; the Board lawfully applied s37ZE(2) and its dismissal of the appeal was justified, therefore leave to apply for judicial...

Source-derived case information.

Citation
[2026] HKCFI 45
Parties
Applicant: Do Van Quang; 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
7 January 2026
Case Number
HCAL1192/2025
Procedural Posture
Application for Leave to Apply for Judicial Review / Leave Application (refused)
Outcome
Leave to apply for judicial review refused; application dismissed.
Legal Topics
Non Refoulement, Re Opening of Withdrawn Torture Claim, Leave to Apply for Judicial Review, Section 37 Ze(2) Immigration Ordinance, Delay and Extension of Time, Standard of Review
Source Language
en
Immigration Constitutional Law Administrative Law Human Rights Judicial Review Non Refoulement Re Opening of Withdrawn Torture Claim Leave to Apply for Judicial Review +3 more

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Parties

Do Van Quang

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 (refused)

Legal Issues

  1. 1 Whether the applicant satisfied s37ZE(2) of the Immigration Ordinance to re-open a withdrawn torture claim
  2. 2 Whether the Board irrationally or unfairly relied on country of origin information to the exclusion of personal evidence
  3. 3 Whether the applicant's right to life was properly considered

Ratio Decidendi

The applicant failed to comply with the statutory requirements of s37ZE(2) to re-open a withdrawn torture claim and failed to demonstrate any realistic prospect of success on judicial review; the Board lawfully applied s37ZE(2) and its dismissal of the appeal was justified, therefore leave to apply for judicial review was refused.

Court Disposition

Leave to apply for judicial review refused; application dismissed.

Orders

  • Leave to apply for judicial review refused
  • Application dismissed