OXINA JOAN PATRICIO AND ANOTHER v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE

OXINA JOAN PATRICIO AND ANOTHER v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE

The leave application was refused because the daughter's claim was derivative of the mother's previously rejected and finally determined claim, the Board had conducted a thorough fact and risk assessment applying the correct legal standards (finding state protection and internal relocation viable), no child-specific or new material issues were shown, and therefore there was no realistic prospect of success to justify leave.

Citation
[2024] HKCFI 2833
Parties
1st Applicant (mother and Guardian Ad Litem): Oxina Joan Patricio; 2nd Applicant (daughter): Manik Mala Angel; 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
4 November 2024
Case Number
HCAL277/2024
Procedural Posture
Judicial Review / Leave Application — Decision at Hearing/judgment
Outcome
Mother's application struck out; leave to apply for judicial review refused for the daughter; the daughter's application dismissed
Legal Topics
Non Refoulement, Torture/cidtp, Refugee Status and Persecution, Leave to Apply for Judicial Review, Abuse of Process, State Protection and Internal Relocation, Procedural Fairness and Representation
Source Language
EN
Constitutional Law Administrative Law Immigration Law Human Rights Law Refugee and Non Refoulement Law Non Refoulement Torture/cidtp Refugee Status and Persecution +4 more

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Parties

Oxina Joan Patricio

1st Applicant (mother and Guardian Ad Litem)

Manik Mala Angel

2nd Applicant (daughter)

Torture Claims Appeal Board / Non-refoulement Claims Petition Office

Putative Respondent

Director of Immigration

Putative Interested Party

Procedural Posture

Judicial Review / Leave Application — Decision at Hearing/judgment

Legal Issues

  1. 1 Whether leave should be granted for judicial review of the Board's decision
  2. 2 Whether the daughter's claim has an independent realistic prospect of success when it relies on the mother's rejected claim
  3. 3 Whether the Board complied with public law standards in its fact-finding and risk assessment

Ratio Decidendi

The leave application was refused because the daughter's claim was derivative of the mother's previously rejected and finally determined claim, the Board had conducted a thorough fact and risk assessment applying the correct legal standards (finding state protection and internal relocation viable), no child-specific or new material issues were shown, and therefore there was no realistic prospect of success to justify leave.

Court Disposition

Mother's application struck out; leave to apply for judicial review refused for the daughter; the daughter's application dismissed

Orders

  • 1. The mother's application is struck out.
  • 2. Leave to apply for judicial review is refused for the 2nd applicant (the daughter).