PHAM VAN CHUNG v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

PHAM VAN CHUNG v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

Applicant failed to identify any reasonably arguable legal ground; the Board's decision contained no error of law, procedural unfairness or irrationality as it reasonably assessed credibility, country information, availability of police protection and viability of internal relocation; therefore leave to apply for judicial review is refused.

Citation
[2026] HKCFI 2385
Parties
Applicant: Pham Van Chung; Putative Respondent: Torture Claims Appeal Board; Putative Interested Party: Director of Immigration
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
29 April 2026
Case Number
HCAL1035/2021
Procedural Posture
Application for Leave to Apply for Judicial Review / Decision on Leave Application (dismissed)
Outcome
Leave to apply for judicial review dismissed.
Legal Topics
Non Refoulement, Unified Screening Mechanism, Judicial Review Leave, Procedural Fairness, Wednesbury Unreasonableness, Country of Origin Information, Credibility Assessment, Internal Relocation
Source Language
EN
Constitutional Law Administrative Law Immigration Law Human Rights Law Non Refoulement Unified Screening Mechanism Judicial Review Leave Procedural Fairness +4 more

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Parties

Pham Van Chung

Applicant

Torture Claims Appeal Board

Putative Respondent

Director of Immigration

Putative Interested Party

Procedural Posture

Application for Leave to Apply for Judicial Review / Decision on Leave Application (dismissed)

Legal Issues

  1. 1 Whether leave to apply for judicial review should be granted
  2. 2 Whether the Board's decision contained an error of law, procedural unfairness or was irrational/Wednesbury unreasonable
  3. 3 Whether the applicant was denied necessary language or legal assistance

Ratio Decidendi

Applicant failed to identify any reasonably arguable legal ground; the Board's decision contained no error of law, procedural unfairness or irrationality as it reasonably assessed credibility, country information, availability of police protection and viability of internal relocation; therefore leave to apply for judicial review is refused.

Court Disposition

Leave to apply for judicial review dismissed.

Orders

  • On the court's own motion, amend the name of the putative respondent to Torture Claims Appeal Board.
  • The application for leave to apply for judicial review is dismissed.