HOANG THI VAN v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

HOANG THI VAN v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

The leave application was dismissed because the applicant failed to identify any reasonably arguable legal error, irrationality or procedural unfairness in the Director's or Board's decisions; the Board's adverse credibility findings and its assessment that the risk was localized and internal relocation feasible were supportable on the evidence, and the applicant therefore had no realistic prospect of success (further supported by the applicant's written statement withdrawing the application because her problems were resolved).

Citation
[2026] HKCFI 1345
Parties
Applicant: Hoang Thi Van; Putative Respondent: Torture Claims Appeal Board; Putative Interested Party: Director of Immigration
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
5 March 2026
Case Number
HCAL750/2022
Procedural Posture
Application for Leave to Apply for Judicial Review (non Refoulement) / Leave Application (dismissed)
Outcome
Application for leave to apply for judicial review dismissed.
Legal Topics
Non Refoulement, Torture Risk (part VIIC Immigration Ordinance), HKBOR Articles 2 and 3, Internal Relocation, Credibility Findings, Judicial Review (leave), Procedural Fairness, Standard of Review
Source Language
EN
Constitutional Law Administrative Law Immigration Law Human Rights Law Refugee and Asylum Law Non Refoulement Torture Risk (part VIIC Immigration Ordinance) HKBOR Articles 2 and 3 +5 more

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Parties

Hoang Thi Van

Applicant

Torture Claims Appeal Board

Putative Respondent

Director of Immigration

Putative Interested Party

Procedural Posture

Application for Leave to Apply for Judicial Review (non Refoulement) / Leave Application (dismissed)

Legal Issues

  1. 1 Whether the applicant established an arguable error of law, irrationality or procedural unfairness in the Director's and Board's decisions
  2. 2 Whether the applicant faced a real risk of death, torture or persecution on return to Vietnam from a private creditor
  3. 3 Whether internal relocation in Vietnam was feasible and reasonable

Ratio Decidendi

The leave application was dismissed because the applicant failed to identify any reasonably arguable legal error, irrationality or procedural unfairness in the Director's or Board's decisions; the Board's adverse credibility findings and its assessment that the risk was localized and internal relocation feasible were supportable on the evidence, and the applicant therefore had no realistic prospect of success (further supported by the applicant's written statement withdrawing the application because her problems were resolved).

Court Disposition

Application for leave to apply for judicial review dismissed.

Orders

  • The application for leave to apply for judicial review be dismissed.