NGUYEN THI DUNG AND OTHERS v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE [Decision on Leave Application]

NGUYEN THI DUNG AND OTHERS 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 demonstrate a realistic prospect of success: the Board's adverse credibility findings were open to it, the claims did not meet the threshold for torture/persecution, state protection and internal relocation were viable, and no child‑specific issues were shown to alter the analysis.

Citation
[2024] HKCFI 1347
Parties
1st Applicant: Nguyen Thi Dung; 2nd Applicant: Bui Duy Hung; 3rd Applicant (minor, Guardian Ad Litem: 1st Applicant): Bui Tue Nghi; 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 June 2024
Case Number
HCAL1309/2019
Procedural Posture
Application for Leave to Apply for Judicial Review / Leave Application Refused
Outcome
Leave to apply for judicial review refused; joint application dismissed
Legal Topics
Non Refoulement, Torture Risk, Judicial Review, Leave to Apply for Judicial Review, State Protection, Internal Relocation, Credibility Findings, Child Specific Issues
Source Language
EN
Immigration Law Constitutional Law Administrative Law Human Rights Law Non Refoulement Torture Risk Judicial Review Leave to Apply for Judicial Review +4 more

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Parties

Nguyen Thi Dung

1st Applicant

Bui Duy Hung

2nd Applicant

Bui Tue Nghi

3rd Applicant (minor, Guardian Ad Litem: 1st 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 Refused

Legal Issues

  1. 1 Whether the applicants have a realistic prospect of success to justify leave for judicial review
  2. 2 Whether the Board complied with public law standards in making adverse credibility findings
  3. 3 Whether the facts establish risk of torture, risk to life or persecution engaging non-refoulement obligations

Ratio Decidendi

Leave to apply for judicial review was refused because the applicants failed to demonstrate a realistic prospect of success: the Board's adverse credibility findings were open to it, the claims did not meet the threshold for torture/persecution, state protection and internal relocation were viable, and no child‑specific issues were shown to alter the analysis.

Court Disposition

Leave to apply for judicial review refused; joint application dismissed

Orders

  • Leave to apply for judicial review refused
  • Joint application dismissed