TAN POH CHYE v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

TAN POH CHYE v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

Leave refused because the Applicant failed to identify any reasonably arguable error of law, procedural unfairness or irrationality in the Director's or Board's decisions; the Board and Director applied proper legal principles, relied on evidence and COI, and reasonably found risks low and internal relocation available, so there was no prospect of success on judicial review.

Citation
[2021] HKCFI 1728
Parties
Applicant: Tan Poh Chye; Putative Respondent: Torture Claims Appeal Board; Putative Interested Party: Director of Immigration
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
16 June 2021
Case Number
HCAL1066/2018
Procedural Posture
Application for Leave to Apply for Judicial Review of Non‑refoulement Decision / Leave Application Refused
Outcome
Leave to apply for judicial review refused
Legal Topics
Non‑refoulement, Torture Risk, HKBOR Article 3, HKBOR Article 2, Persecution/refugee Convention Article 33, Judicial Review Leave, Procedural Fairness, Internal Relocation
Source Language
EN
Constitutional Law Administrative Law Immigration Law Human Rights Law Non‑refoulement Torture Risk HKBOR Article 3 HKBOR Article 2 +4 more

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Parties

Tan Poh Chye

Applicant

Torture Claims Appeal Board

Putative Respondent

Director of Immigration

Putative Interested Party

Procedural Posture

Application for Leave to Apply for Judicial Review of Non‑refoulement Decision / Leave Application Refused

Legal Issues

  1. 1 Whether leave to apply for judicial review should be granted
  2. 2 Whether the Director of Immigration and the Torture Claims Appeal Board erred in law or acted with procedural unfairness or irrationality
  3. 3 Whether an absolute right to free legal representation arises in appeals to the Board

Ratio Decidendi

Leave refused because the Applicant failed to identify any reasonably arguable error of law, procedural unfairness or irrationality in the Director's or Board's decisions; the Board and Director applied proper legal principles, relied on evidence and COI, and reasonably found risks low and internal relocation available, so there was no prospect of success on judicial review.

Court Disposition

Leave to apply for judicial review refused

Orders

  • Leave to apply for judicial review refused