NGO QUOC PHUC v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

NGO QUOC PHUC v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

Leave was refused because the applicant failed to identify any reasonably arguable legal error, procedural unfairness or irrationality in the Director's and Board's decisions; both bodies properly found the risk to be localized, of low intensity, subject to available state protection and reasonable internal relocation, so no non-refoulement protection was justified.

Citation
[2020] HKCFI 2340
Parties
Applicant: Ngo Quoc Phuc; Putative Respondent: Torture Claims Appeal Board; Putative Interested Party: Director of Immigration
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
18 September 2020
Case Number
HCAL926/2018
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 Risk, Internal Relocation, Judicial Review Leave Application, Procedural Fairness
Source Language
EN
Immigration Law Constitutional Law Administrative Law Human Rights Non Refoulement Torture Risk Internal Relocation Judicial Review Leave Application +1 more

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Parties

Ngo Quoc Phuc

Applicant

Torture Claims Appeal Board

Putative Respondent

Director of Immigration

Putative Interested Party

Procedural Posture

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

Legal Issues

  1. 1 Whether the Director and the Board erred in law in rejecting non-refoulement/torture/persecution claims
  2. 2 Whether the applicant faces a real risk of torture or death from a private creditor on return to Vietnam
  3. 3 Whether internal relocation within Vietnam is reasonable and available

Ratio Decidendi

Leave was refused because the applicant failed to identify any reasonably arguable legal error, procedural unfairness or irrationality in the Director's and Board's decisions; both bodies properly found the risk to be localized, of low intensity, subject to available state protection and reasonable internal relocation, so no non-refoulement protection was justified.

Court Disposition

Leave to apply for judicial review refused.

Orders

  • Leave to apply for judicial review refused.