TRAN VAN HUYEN AND ANOTHER v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

TRAN VAN HUYEN AND ANOTHER v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

The court refused to extend time and dismissed the leave application because the applicants were seriously out of time with no adequate explanation, their intended challenge lacked identifiable legal error or procedural unfairness in the Director's and Board's decisions, and the findings that the risk was localized extortion with available state protection and reasonable internal relocation rendered non-refoulement protection unjustified.

Citation
[2021] HKCFI 1655
Parties
1st Applicant: Tran Van Huyen; 2nd Applicant: Nguyen Thi Men; Putative Respondent: Torture Claims Appeal Board; Putative Interested Party: Director of Immigration
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
8 June 2021
Case Number
HCAL1551/2018
Procedural Posture
Application for Leave to Apply for Judicial Review (non Refoulement/torture/bor) / Application for Leave Refused and Dismissed; Extension of Time Refused
Outcome
Extension of time refused; application for leave to apply for judicial review dismissed.
Legal Topics
Non Refoulement, Torture Risk, Article 2 HKBOR (right to Life), Article 3 HKBOR (prohibition of Torture), Leave to Apply for Judicial Review, Extension of Time, Internal Relocation, Procedural Fairness
Source Language
EN
Immigration Administrative Law Constitutional Law Human Rights Refugee Law Non Refoulement Torture Risk Article 2 HKBOR (right to Life) +5 more

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Parties

Tran Van Huyen

1st Applicant

Nguyen Thi Men

2nd Applicant

Torture Claims Appeal Board

Putative Respondent

Director of Immigration

Putative Interested Party

Procedural Posture

Application for Leave to Apply for Judicial Review (non Refoulement/torture/bor) / Application for Leave Refused and Dismissed; Extension of Time Refused

Legal Issues

  1. 1 Whether to extend time for the leave application under Order 53 r 4(1) HCO Cap 4
  2. 2 Whether the applicants established risk of torture or risk to life under HKBOR or persecution under Article 33 Refugee Convention
  3. 3 Whether the Director and the Board made any error of law or acted with procedural unfairness or irrationality

Ratio Decidendi

The court refused to extend time and dismissed the leave application because the applicants were seriously out of time with no adequate explanation, their intended challenge lacked identifiable legal error or procedural unfairness in the Director's and Board's decisions, and the findings that the risk was localized extortion with available state protection and reasonable internal relocation rendered non-refoulement protection unjustified.

Court Disposition

Extension of time refused; application for leave to apply for judicial review dismissed.

Orders

  • Extension of time for the application for leave to apply for judicial review refused
  • Application for leave to apply for judicial review dismissed