NGO VAN BINH v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

NGO VAN BINH v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

Leave to apply for judicial review was dismissed because the Board and the Director lawfully and rationally found the risk was localized and low, internal relocation in Vietnam was a viable alternative based on COI and the Applicant’s circumstances, no legal error, irrationality or procedural unfairness was shown,...

Source-derived case information.

Citation
[2023] HKCFI 1282
Parties
Applicant: Ngo Van Binh; Putative Respondent: Torture Claims Appeal Board; Putative Interested Party: Director of Immigration
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
15 May 2023
Case Number
HCAL737/2022
Procedural Posture
Application for Leave to Apply for Judicial Review / Leave Stage — Application Dismissed
Outcome
Application for leave to apply for judicial review dismissed.
Legal Topics
Non Refoulement, Torture Risk, Internal Relocation, Judicial Review Leave, Screening and Appeal, Procedural Fairness
Source Language
en
Constitutional Law Administrative Law Immigration Law Human Rights Non Refoulement Torture Risk Internal Relocation Judicial Review Leave +2 more

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Parties

Ngo Van Binh

Applicant

Torture Claims Appeal Board

Putative Respondent

Director of Immigration

Putative Interested Party

Procedural Posture

Application for Leave to Apply for Judicial Review / Leave Stage — Application Dismissed

Legal Issues

  1. 1 Whether the Board erred in finding internal relocation in Vietnam was a viable alternative
  2. 2 Whether the Board and Director committed legal error, irrationality or procedural unfairness in assessing risk of harm from private creditor
  3. 3 Whether the Applicant demonstrated real risk of torture or violation of non-derogable rights under HKBOR Articles 2 and 3

Ratio Decidendi

Leave to apply for judicial review was dismissed because the Board and the Director lawfully and rationally found the risk was localized and low, internal relocation in Vietnam was a viable alternative based on COI and the Applicant’s circumstances, no legal error, irrationality or procedural unfairness was shown, and there was no prospect of success (further supported by the Applicant’s subsequent affirmation that it was safe to return).

Court Disposition

Application for leave to apply for judicial review dismissed.

Orders

  • The application for leave to apply for judicial review is dismissed.