DAVID HONEYLETH MANUEL AND ANOTHER v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE [Decision on Leave Application]

DAVID HONEYLETH MANUEL AND ANOTHER v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE [Decision on Leave Application]

Leave to apply for judicial review was refused because the applicants failed to advance any reasonably arguable grounds of unlawfulness, unreasonableness or unfairness; the Adjudicator conducted a proper rehearing, applied the correct legal principles, adequately considered the risk from the husband and made factually open and reasonable determinations, so there was no realistic prospect of success.

Citation
[2020] HKCFI 853
Parties
1st Applicant: David Honeyleth Manuel; 2nd Applicant: David Gioia Alba; Putative Respondent: Torture Claims Appeal Board / Non-refoulement Claims Petition Office; Putative Interested Party: Director of Immigration
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
19 May 2020
Case Number
HCAL847/2017
Procedural Posture
Application for Leave to Apply for Judicial Review / Leave Application Considered on the Papers; Leave Refused
Outcome
Leave to apply for judicial review refused
Legal Topics
Non Refoulement, Torture, Article 3 HKBORO, Article 2 HKBORO, Refugee Status, Judicial Review, Leave to Apply for Judicial Review, Procedural Fairness, Credibility Assessment
Source Language
EN
Immigration Constitutional Law Administrative Law Human Rights Refugee Law Non Refoulement Torture Article 3 HKBORO +6 more

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Parties

David Honeyleth Manuel

1st Applicant

David Gioia Alba

2nd Applicant

Torture Claims Appeal Board / Non-refoulement Claims Petition Office

Putative Respondent

Director of Immigration

Putative Interested Party

Procedural Posture

Application for Leave to Apply for Judicial Review / Leave Application Considered on the Papers; Leave Refused

Legal Issues

  1. 1 Whether leave to apply for judicial review should be granted
  2. 2 Whether the Adjudicator/T CAB acted unlawfully, unreasonably or unfairly
  3. 3 Whether the Director's decision remains reviewable after an appeal rehearing by TCAB

Ratio Decidendi

Leave to apply for judicial review was refused because the applicants failed to advance any reasonably arguable grounds of unlawfulness, unreasonableness or unfairness; the Adjudicator conducted a proper rehearing, applied the correct legal principles, adequately considered the risk from the husband and made factually open and reasonable determinations, so there was no realistic prospect of success.

Court Disposition

Leave to apply for judicial review refused

Orders

  • Leave to apply for judicial review refused.