MATBAGAN IMELDA MANODEN v. IMMIGRATION DEPARTMENT [Decision on Leave Application]

MATBAGAN IMELDA MANODEN v. IMMIGRATION DEPARTMENT [Decision on Leave Application]

The court found no arguable legal error, procedural unfairness or irrationality in the decisions of the Director and the Torture Claims Appeal Board; the risk of harm was assessed as low, state protection and reasonable internal relocation were available, and therefore there was no prospect of success on judicial review and leave was refused.

Citation
[2020] HKCFI 1298
Parties
Applicant: Matbagan Imelda Manoden; Putative Respondent: Immigration Department
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
2 July 2020
Case Number
HCAL437/2018
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, Torture Prohibition, HKBOR Article 2 (right to Life), HKBOR Article 3 (prohibition of Torture and Inhuman Treatment), Internal Relocation, Judicial Review — Leave Stage
Source Language
EN
Constitutional Law Administrative Law Immigration Law Human Rights Law Non Refoulement Torture Prohibition HKBOR Article 2 (right to Life) HKBOR Article 3 (prohibition of Torture and Inhuman Treatment) +2 more

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Parties

Matbagan Imelda Manoden

Applicant

Immigration Department

Putative Respondent

Procedural Posture

Application for Leave to Apply for Judicial Review / Leave Application Refused

Legal Issues

  1. 1 Whether the applicant faces a real risk of torture or persecution or other non-derogable harm if returned to the Philippines
  2. 2 Whether internal relocation and state protection in the Philippines render non-refoulement protection unnecessary
  3. 3 Whether the Director of Immigration and the Torture Claims Appeal Board made errors of law, procedural unfairness or irrationality warranting judicial review

Ratio Decidendi

The court found no arguable legal error, procedural unfairness or irrationality in the decisions of the Director and the Torture Claims Appeal Board; the risk of harm was assessed as low, state protection and reasonable internal relocation were available, and therefore there was no prospect of success on judicial review and leave was refused.

Court Disposition

Leave to apply for judicial review refused.

Orders

  • Leave to apply for judicial review refused.