NGO QUANG THI v. DIRECTOR OF IMMIGRATION [Decision on Leave Application]

NGO QUANG THI v. DIRECTOR OF IMMIGRATION [Decision on Leave Application]

Leave refused because the applicant failed to identify any reasonably arguable legal error, procedural unfairness or irrationality in the Director's or Board's decisions; the Board's adverse credibility finding was supported by detailed reasons after oral hearing and the Director and Board reasonably found low risk...

Source-derived case information.

Citation
[2020] HKCFI 1917
Parties
Applicant: Ngo Quang Thi; Putative Respondent: Director of Immigration
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
12 August 2020
Case Number
HCAL536/2018
Procedural Posture
Application for Leave to Apply for Judicial Review (immigration/non Refoulement) / Leave Stage Application Refused
Outcome
Leave to apply for judicial review refused.
Legal Topics
Non Refoulement, Torture Risk, Bill of Rights (articles 2 and 3), Credibility Findings, Internal Relocation, Judicial Review Leave
Source Language
en
Immigration Law Administrative Law Constitutional Law Human Rights Law Non Refoulement Torture Risk Bill of Rights (articles 2 and 3) Credibility Findings +2 more

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Parties

Ngo Quang Thi

Applicant

Director of Immigration

Putative Respondent

Procedural Posture

Application for Leave to Apply for Judicial Review (immigration/non Refoulement) / Leave Stage Application Refused

Legal Issues

  1. 1 Whether leave to apply for judicial review should be granted
  2. 2 Whether the Director of Immigration and the Torture Claims Appeal Board erred in law or procedurally in rejecting the non-refoulement claim
  3. 3 Whether the applicant faces a real risk of death or torture from a private creditor on return to Vietnam

Ratio Decidendi

Leave refused because the applicant failed to identify any reasonably arguable legal error, procedural unfairness or irrationality in the Director's or Board's decisions; the Board's adverse credibility finding was supported by detailed reasons after oral hearing and the Director and Board reasonably found low risk and feasible internal relocation, therefore no prospect of success on judicial review.

Court Disposition

Leave to apply for judicial review refused.

Orders

  • Leave to apply for judicial review refused.