DONG VAN AN v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

DONG VAN AN v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

The Director and the Board lawfully and reasonably found the applicant's fear arose from a private monetary dispute of low intensity and frequency; state protection and reasonable internal relocation in Vietnam were available; no procedural unfairness, legal error or irrationality was established by the applicant;...

Source-derived case information.

Citation
[2021] HKCFI 1083
Parties
Applicant: Dong Van An; Putative Respondent: Torture Claims Appeal Board
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
22 April 2021
Case Number
HCAL1003/2018
Procedural Posture
Application for Leave to Apply for Judicial Review / Leave Application Refused
Outcome
Leave to apply for judicial review refused
Legal Topics
Non Refoulement, Torture, Internal Relocation, Procedural Fairness, Leave to Apply for Judicial Review, Standard of Review
Source Language
en
Constitutional Law Administrative Law Immigration Law Human Rights Law Refugee Law Non Refoulement Torture Internal Relocation +3 more

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Parties

Dong Van An

Applicant

Torture Claims Appeal Board

Putative Respondent

Procedural Posture

Application for Leave to Apply for Judicial Review / Leave Application Refused

Legal Issues

  1. 1 Whether the applicant faces a real risk of torture or other serious harm if returned
  2. 2 Whether state protection or reasonable internal relocation in Vietnam is available
  3. 3 Whether there was procedural unfairness or legal error in the Director's or Board's decisions

Ratio Decidendi

The Director and the Board lawfully and reasonably found the applicant's fear arose from a private monetary dispute of low intensity and frequency; state protection and reasonable internal relocation in Vietnam were available; no procedural unfairness, legal error or irrationality was established by the applicant; therefore no reasonably arguable ground for judicial review existed and leave was refused.

Court Disposition

Leave to apply for judicial review refused

Orders

  • Leave to apply for judicial review refused