PHAM VAN THANG v. TORTURE CLAIMS APPEAL BOARD AND ANOTHER [Decision on Leave Application]

PHAM VAN THANG v. TORTURE CLAIMS APPEAL BOARD AND ANOTHER [Decision on Leave Application]

Leave was refused because the Applicant failed to identify any reasonably arguable error of law or procedural unfairness in the Director’s or the Board’s decisions, the Director’s assessment that the risk was low and that internal relocation was reasonable was supportable on the evidence, and the Applicant had validly and knowingly withdrawn the appeal thereby leaving no prospect of success on judicial review.

Citation
[2020] HKCFI 2317
Parties
Applicant: Pham Van Thang; 1st Putative Respondent: Torture Claims Appeal Board; 2nd Putative Respondent: Director of Immigration
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
18 September 2020
Case Number
HCAL535/2018
Procedural Posture
Judicial Review (leave Application) / Leave Refused
Outcome
Leave to apply for judicial review refused.
Legal Topics
Non Refoulement, Torture and Ill‑treatment, Internal Relocation, Procedural Fairness, Withdrawal of Appeal, Leave for Judicial Review
Source Language
EN
Constitutional Law Administrative Law Immigration Law Human Rights Law Non Refoulement Torture and Ill‑treatment Internal Relocation Procedural Fairness +2 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 6 Authorities cited 5 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Pham Van Thang

Applicant

Torture Claims Appeal Board

1st Putative Respondent

Director of Immigration

2nd Putative Respondent

Procedural Posture

Judicial Review (leave Application) / Leave Refused

Legal Issues

  1. 1 Whether there is arguable error of law or procedural unfairness in the Director's decision and the Board's confirmation
  2. 2 Whether the Applicant faces a real risk of torture, death or persecution if returned to Vietnam
  3. 3 Whether internal relocation in Vietnam is a reasonable alternative removing non-refoulement protection

Ratio Decidendi

Leave was refused because the Applicant failed to identify any reasonably arguable error of law or procedural unfairness in the Director’s or the Board’s decisions, the Director’s assessment that the risk was low and that internal relocation was reasonable was supportable on the evidence, and the Applicant had validly and knowingly withdrawn the appeal thereby leaving no prospect of success on judicial review.

Court Disposition

Leave to apply for judicial review refused.

Orders

  • Leave to apply for judicial review refused.