TO THI CHAU AND OTHERS v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

TO THI CHAU AND OTHERS v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

The Board and Director properly found the risk to be low, characterized the harm as private monetary disputes, identified availability of state protection and reasonable internal relocation, and reasonably assessed credibility and delay; no legal error, irrationality or procedural unfairness was shown that would...

Source-derived case information.

Citation
[2024] HKCFI 963
Parties
Applicant: To Thi Chau; 2nd Applicant: Nguyen Van Quyen; 3rd Applicant: Trinh Khanh Chi; Putative Respondent: Torture Claims Appeal Board; Putative Interested Party: Director of Immigration
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
3 April 2024
Case Number
HCAL1740/2020
Procedural Posture
Judicial Review (leave Application) / Consolidation Ordered; Leave Refused
Outcome
HCAL 1799/2019 consolidated with HCAL 1740/2020; leave to apply for judicial review refused for all applicants
Legal Topics
Non Refoulement, Asylum, Torture Claim, Leave to Apply for Judicial Review, Internal Relocation, Credibility Assessment, Late Filing/extension of Time, Procedural Fairness to Minors
Source Language
en
Immigration Human Rights Constitutional Law Administrative Law Non Refoulement Asylum Torture Claim Leave to Apply for Judicial Review +4 more

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Summary, issues, holding and outcome

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Parties

To Thi Chau

Applicant

Nguyen Van Quyen

2nd Applicant

Trinh Khanh Chi

3rd Applicant

Torture Claims Appeal Board

Putative Respondent

Director of Immigration

Putative Interested Party

Procedural Posture

Judicial Review (leave Application) / Consolidation Ordered; Leave Refused

Legal Issues

  1. 1 Whether the Board erred in refusing to allow late filing of the Notice of Appeal
  2. 2 Whether applicants face a real risk of torture, cruel inhuman or degrading treatment or persecution on return to Vietnam
  3. 3 Whether state protection and internal relocation are available

Ratio Decidendi

The Board and Director properly found the risk to be low, characterized the harm as private monetary disputes, identified availability of state protection and reasonable internal relocation, and reasonably assessed credibility and delay; no legal error, irrationality or procedural unfairness was shown that would give the applicants a real prospect of success on judicial review, therefore leave to apply for judicial review was refused and consolidation was appropriate.

Court Disposition

HCAL 1799/2019 consolidated with HCAL 1740/2020; leave to apply for judicial review refused for all applicants

Orders

  • HCAL 1799/2019 be consolidated with HCAL 1740/2020
  • Leave for the Applicants to apply for Judicial Review be refused; leave applications dismissed