OLLANGO JOYCE ANNE ACHIENG v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE [Decision on Leave Application]

OLLANGO JOYCE ANNE ACHIENG v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE [Decision on Leave Application]

Leave to apply for judicial review was granted because the applicant met the arguability test: there were reasonably arguable grounds that the Board's Decision contained legal errors, irrational findings and/or procedural irregularities (including inadequate reasons and flawed credibility assessment) warranting full...

Source-derived case information.

Citation
[2021] HKCFI 324
Parties
Applicant: Ollango Joyce Anne Achieng; 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
1 March 2021
Case Number
HCAL1914/2018
Procedural Posture
Application for Leave to Apply for Judicial Review / Leave Granted (ex Parte)
Outcome
Leave to apply for judicial review granted
Legal Topics
Non Refoulement, Torture, Cruel, Inhuman or Degrading Treatment or Punishment (cidtp), Internal Relocation, State Protection and Acquiescence, Credibility and Corroboration, Judicial Review: Leave/arguability Test, Procedural Impropriety
Source Language
en
Administrative Law Constitutional Law Immigration Law Refugee Law Human Rights Law Non Refoulement Torture Cruel, Inhuman or Degrading Treatment or Punishment (cidtp) +5 more

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Parties

Ollango Joyce Anne Achieng

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 Granted (ex Parte)

Legal Issues

  1. 1 Whether the applicant faces a real risk of torture under Part VII C Immigration Ordinance
  2. 2 Whether there is a risk to life (HKBOR Art 2) or CIDTP (HKBOR Art 3)
  3. 3 Whether Article 33 Refugee Convention non-refoulement/persecution risk is engaged

Ratio Decidendi

Leave to apply for judicial review was granted because the applicant met the arguability test: there were reasonably arguable grounds that the Board's Decision contained legal errors, irrational findings and/or procedural irregularities (including inadequate reasons and flawed credibility assessment) warranting full judicial review.

Court Disposition

Leave to apply for judicial review granted

Orders

  • Application to amend Form 86 allowed
  • Leave to file application for judicial review granted under Order 53, rule 5