PHAM THI UT v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

PHAM THI UT v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

No reasonably arguable basis for judicial review was identified: the Board and the Director applied the correct legal tests, there was no error of law, irrationality or procedural unfairness, and the risk of harm was assessed as low with viable internal relocation options; therefore the leave application had no...

Source-derived case information.

Citation
[2025] HKCFI 3773
Parties
Applicant: Pham Thi Ut; Putative Respondent: Torture Claims Appeal Board; Putative Interested Party: Director of Immigration
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
2 September 2025
Case Number
HCAL841/2022
Procedural Posture
Judicial Review Leave Application / Leave Application Dismissed
Outcome
The application for leave to apply for judicial review is dismissed
Legal Topics
Non Refoulement, Torture Risk, Internal Relocation, Judicial Review Leave, Credibility Assessment
Source Language
en
Immigration Constitutional Law Administrative Law Human Rights Refugee Law Non Refoulement Torture Risk Internal Relocation +2 more

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Parties

Pham Thi Ut

Applicant

Torture Claims Appeal Board

Putative Respondent

Director of Immigration

Putative Interested Party

Procedural Posture

Judicial Review Leave Application / Leave Application Dismissed

Legal Issues

  1. 1 Whether there was any arguable error of law, irrationality or procedural unfairness in the Board's decision
  2. 2 Whether the Applicant faced a real risk of torture or other serious harm from a private creditor
  3. 3 Whether internal relocation within Vietnam was reasonable and available

Ratio Decidendi

No reasonably arguable basis for judicial review was identified: the Board and the Director applied the correct legal tests, there was no error of law, irrationality or procedural unfairness, and the risk of harm was assessed as low with viable internal relocation options; therefore the leave application had no prospect of success and was dismissed.

Court Disposition

The application for leave to apply for judicial review is dismissed

Orders

  • The application for leave to apply for judicial review be dismissed.