LE VAN CHI v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

LE VAN CHI v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

No reasonably arguable legal error, irrationality or procedural unfairness identified in the Director's or Board's decisions; risk assessed as low with available state protection and feasible internal relocation, therefore no prospect of success and leave to apply for judicial review is refused.

Citation
[2021] HKCFI 2174
Parties
Applicant: Le Van Chi; Putative Respondent: Torture Claims Appeal Board; Putative Interested Party: Director of Immigration
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
29 July 2021
Case Number
HCAL10/2021
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, Risk of Torture, Internal Relocation, Judicial Review Leave, Procedural Fairness
Source Language
EN
Constitutional and Administrative Law Immigration Human Rights Non‑refoulement Risk of Torture Internal Relocation Judicial Review Leave Procedural Fairness

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Parties

Le Van Chi

Applicant

Torture Claims Appeal Board

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 applicant established real risk of torture/persecution/non‑refoulement from private creditor
  2. 2 Whether state protection is available
  3. 3 Whether internal relocation in Vietnam is reasonable and safe

Ratio Decidendi

No reasonably arguable legal error, irrationality or procedural unfairness identified in the Director's or Board's decisions; risk assessed as low with available state protection and feasible internal relocation, therefore no prospect of success and leave to apply for judicial review is refused.

Court Disposition

Leave to apply for judicial review refused.

Orders

  • Leave to apply for judicial review refused.