PHAN DANG HUNG v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

PHAN DANG HUNG v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

The Leave Application was dismissed because the applicant failed to present any reasonably arguable legal ground; the Board's Decision demonstrably applied the correct law, fairly assessed evidence and country information, found no state acquiescence, found internal relocation viable and did not reach a Wednesbury-unreasonable conclusion; therefore there was no basis for judicial review.

Citation
[2026] HKCFI 1632
Parties
Applicant: Phan Dang Hung; Putative Respondent: Torture Claims Appeal Board; Putative Interested Party: Director of Immigration
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
20 March 2026
Case Number
HCAL2077/2020
Procedural Posture
Judicial Review Leave to Apply / Leave Application (decision)
Outcome
Leave to apply for judicial review dismissed
Legal Topics
Non Refoulement, Torture, Unified Screening Mechanism, Leave to Apply for Judicial Review, Wednesbury Unreasonableness, State Protection, Internal Relocation, Procedural Fairness
Source Language
EN
Constitutional and Administrative Law Immigration Law Human Rights Law Administrative Law Non Refoulement Torture Unified Screening Mechanism Leave to Apply for Judicial Review +4 more

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Parties

Phan Dang Hung

Applicant

Torture Claims Appeal Board

Putative Respondent

Director of Immigration

Putative Interested Party

Procedural Posture

Judicial Review Leave to Apply / Leave Application (decision)

Legal Issues

  1. 1 Whether leave to apply for judicial review should be granted
  2. 2 Whether the Board's decision contained errors of law, procedural unfairness or irrationality
  3. 3 Whether the applicant'sfear of harm from a private creditor amounted to torture or persecution within s37U of the Immigration Ordinance

Ratio Decidendi

The Leave Application was dismissed because the applicant failed to present any reasonably arguable legal ground; the Board's Decision demonstrably applied the correct law, fairly assessed evidence and country information, found no state acquiescence, found internal relocation viable and did not reach a Wednesbury-unreasonable conclusion; therefore there was no basis for judicial review.

Court Disposition

Leave to apply for judicial review dismissed

Orders

  • Amend the name of the putative respondent to Torture Claims Appeal Board
  • The applicant's application for leave to apply for judicial review is dismissed