HOANG THI NGUYET 對 酷刑聲請上訴委員會/免遣返聲請呈請辦事處

HOANG THI NGUYET 對 酷刑聲請上訴委員會/免遣返聲請呈請辦事處

The appeal was dismissed because the applicant failed to demonstrate that the judge erred in law or made an obvious mistake; the Appeal Board's adverse credibility findings and factual conclusions that the risk was low, that state protection and internal relocation were available, were reasonable, and therefore...

Source-derived case information.

Citation
[2022] HKCA 148
Parties
Applicant: HOANG THI NGUYET; Respondent: Torture Claims Appeal Board / Non-refoulement Claims Office; Interested Party: Director of Immigration
Court
Court of Appeal
Jurisdiction
Hong Kong
Judgment Date
26 January 2022
Case Number
CACV344/2021
Procedural Posture
Judicial Review of Immigration/non Refoulement Decision / Appeal Against Refusal of Leave to Apply for Judicial Review
Outcome
appeal dismissed
Legal Topics
Non Refoulement, Torture/article 3 Risk, Credibility Assessment, Internal Relocation, Standard of Review on Appeal, Permission to Apply for Judicial Review
Source Language
ch
Immigration Law Administrative Law Human Rights Law Judicial Review Non Refoulement Torture/article 3 Risk Credibility Assessment Internal Relocation +2 more

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Summary, issues, holding and outcome

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Parties

HOANG THI NGUYET

Applicant

Torture Claims Appeal Board / Non-refoulement Claims Office

Respondent

Director of Immigration

Interested Party

Procedural Posture

Judicial Review of Immigration/non Refoulement Decision / Appeal Against Refusal of Leave to Apply for Judicial Review

  1. 1 Whether the judge erred in refusing permission to judicially review the Appeal Board's decision
  2. 2 Whether the applicant established a real risk of torture or serious harm on return
  3. 3 Whether the Appeal Board's adverse credibility and factual findings were unreasonable

Ratio Decidendi

The appeal was dismissed because the applicant failed to demonstrate that the judge erred in law or made an obvious mistake; the Appeal Board's adverse credibility findings and factual conclusions that the risk was low, that state protection and internal relocation were available, were reasonable, and therefore there was no realistic prospect of success on judicial review.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed
  • Applicant's application for leave to apply for judicial review refused