MANUEL AMELYN TORRES v. IMMIGRATION DEPARTMENT [Decision on Leave Application]

MANUEL AMELYN TORRES v. IMMIGRATION DEPARTMENT [Decision on Leave Application]

Leave was refused because no reasonably arguable legal error, procedural unfairness or irrationality was identified in the Director's or the Board's risk assessments; the findings that the risk was localized, reduced by the passage of time and that state protection and internal relocation were available made the Applicant's non-refoulement claim unsustainable and not suitable for rehearing by the court.

Citation
[2020] HKCFI 1326
Parties
Applicant: Manuel Amelyn Torres; Putative Respondent: Immigration Department
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
6 July 2020
Case Number
HCAL266/2018
Procedural Posture
Judicial Review (leave Application) / Decision on Leave Application (refusal of Leave)
Outcome
Leave to apply for judicial review refused.
Legal Topics
Non Refoulement, Risk of Torture (part VIIC Immigration Ordinance), Article 3 HKBOR (prohibition of Torture/ill Treatment), Article 2 HKBOR (right to Life), Internal Relocation, Judicial Review Leave Threshold, Procedural Fairness, Torture Claims Appeal Board Appeal
Source Language
EN
Constitutional Law Administrative Law Immigration Law Human Rights Law Non Refoulement Risk of Torture (part VIIC Immigration Ordinance) Article 3 HKBOR (prohibition of Torture/ill Treatment) Article 2 HKBOR (right to Life) +4 more

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Parties

Manuel Amelyn Torres

Applicant

Immigration Department

Putative Respondent

Procedural Posture

Judicial Review (leave Application) / Decision on Leave Application (refusal of Leave)

Legal Issues

  1. 1 Whether the Applicant faces a real risk of torture, persecution or other ill-treatment if returned to the Philippines
  2. 2 Whether state protection and internal relocation are available and effective
  3. 3 Whether the Director of Immigration and the Torture Claims Appeal Board committed errors of law or procedural unfairness warranting judicial review

Ratio Decidendi

Leave was refused because no reasonably arguable legal error, procedural unfairness or irrationality was identified in the Director's or the Board's risk assessments; the findings that the risk was localized, reduced by the passage of time and that state protection and internal relocation were available made the Applicant's non-refoulement claim unsustainable and not suitable for rehearing by the court.

Court Disposition

Leave to apply for judicial review refused.

Orders

  • Leave to apply for judicial review refused.