LUONG THI DAN v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE [Decision on Leave Application]

LUONG THI DAN v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE [Decision on Leave Application]

Leave to apply for judicial review was refused because the applicant failed to present any reasonably arguable ground of unlawfulness, unreasonableness or procedural unfairness; the Adjudicator conducted a proper rehearing, applied correct legal tests, afforded a fair opportunity to the applicant, and his factual and credibility findings were open to him and eminently reasonable, so there was no realistic prospect of success on judicial review.

Citation
[2018] HKCFI 2282
Parties
Applicant: Luong Thi Dan; Putative Respondent: Torture Claims Appeal Board / Non-refoulement Claims Petition Office; Putative Interested Party: Director of Immigration
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
11 December 2018
Case Number
HCAL1013/2017
Procedural Posture
Application for Leave to Apply for Judicial Review / Leave Application Considered on the Papers; Decision Issued Refusing Leave
Outcome
Leave to apply for judicial review refused.
Legal Topics
Non Refoulement, Torture Risk, Right to Life (bor2), Prohibition of Torture and Ill Treatment (bor3), Unified Screening Mechanism, Leave for Judicial Review, Procedural Fairness, Standard of Proof, Rehearing by Torture Claims Appeal Board
Source Language
EN
Constitutional Law Administrative Law Immigration Law Human Rights Law Refugee Law Non Refoulement Torture Risk Right to Life (bor2) +6 more

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Parties

Luong Thi Dan

Applicant

Torture Claims Appeal Board / Non-refoulement Claims Petition Office

Putative Respondent

Director of Immigration

Putative Interested Party

Procedural Posture

Application for Leave to Apply for Judicial Review / Leave Application Considered on the Papers; Decision Issued Refusing Leave

Legal Issues

  1. 1 Whether the applicant has an arguable case of unlawfulness, unreasonableness or unfairness to justify leave for judicial review
  2. 2 Whether the Director of Immigration's and the Adjudicator's decisions contained errors of law or procedural unfairness
  3. 3 Whether the applicant established a real and personal risk of torture, persecution or arbitrary deprivation of life if returned to Vietnam

Ratio Decidendi

Leave to apply for judicial review was refused because the applicant failed to present any reasonably arguable ground of unlawfulness, unreasonableness or procedural unfairness; the Adjudicator conducted a proper rehearing, applied correct legal tests, afforded a fair opportunity to the applicant, and his factual and credibility findings were open to him and eminently reasonable, so there was no realistic prospect of success on judicial review.

Court Disposition

Leave to apply for judicial review refused.

Orders

  • Leave to apply for judicial review refused.