有關 LE VAN TRIEN 的事宜

有關 LE VAN TRIEN 的事宜

The appeal was dismissed because the appellant merely repeated factual allegations without identifying any legal, procedural or manifest error in the lower judge's decision; the judge and the Appeals Board had considered the relevant matters and there was no reasonable prospect of success for the proposed judicial...

Source-derived case information.

Citation
[2021] HKCA 1806
Parties
Appellant: LE VAN TRIEN; Respondent: Director of Immigration / Immigration Appeals Board
Court
Court of Appeal
Jurisdiction
Hong Kong
Judgment Date
2 December 2021
Case Number
CACV253/2021
Procedural Posture
Civil Appeal (judicial Review Leave Refusal) / Determination on Appeal From Refusal of Leave to Apply for Judicial Review (written Decision)
Outcome
appeal dismissed; refusal of leave to apply for judicial review affirmed
Legal Topics
Non Refoulement, Risk of Torture, Risk to Life, Judicial Review Leave Standard, Internal Relocation
Source Language
ch
Administrative Law Immigration Law Human Rights Law Non Refoulement Risk of Torture Risk to Life Judicial Review Leave Standard Internal Relocation

Source-derived case record

Summary, issues, holding and outcome

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Parties

LE VAN TRIEN

Appellant

Director of Immigration / Immigration Appeals Board

Respondent

Procedural Posture

Civil Appeal (judicial Review Leave Refusal) / Determination on Appeal From Refusal of Leave to Apply for Judicial Review (written Decision)

  1. 1 Whether the judge erred in refusing leave for judicial review of the Immigration Appeals Board decision
  2. 2 Whether the Appeals Board failed to properly assess risk of torture, persecution or risk to life in light of applicant's alleged threats and HIV status
  3. 3 Whether the appellant established a reasonably arguable case or any legal error warranting grant of leave

Ratio Decidendi

The appeal was dismissed because the appellant merely repeated factual allegations without identifying any legal, procedural or manifest error in the lower judge's decision; the judge and the Appeals Board had considered the relevant matters and there was no reasonable prospect of success for the proposed judicial review.

Court Disposition

appeal dismissed; refusal of leave to apply for judicial review affirmed

Orders

  • Appeal dismissed