TORRES ALEXANDER GALLEGA v. TORTURE CLAIMS APPEAL BOARD AND ANOTHER [Decision on Leave Application]

TORRES ALEXANDER GALLEGA v. TORTURE CLAIMS APPEAL BOARD AND ANOTHER [Decision on Leave Application]

Leave was refused because the applicant failed to demonstrate any reasonably arguable legal error, procedural unfairness or irrationality in the Director's or Board's decisions; the Board's adverse credibility findings after oral hearing and the conclusion that internal relocation was feasible negated any realistic...

Source-derived case information.

Citation
[2020] HKCFI 1412
Parties
Applicant: Torres Alexander Gallega; 1st Putative Respondent: Torture Claims Appeal Board; 2nd Putative Respondent: Director of Immigration
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
8 July 2020
Case Number
HCAL1226/2018
Procedural Posture
Judicial Review Leave to Apply / Leave Application Refused
Outcome
Leave to apply for judicial review refused
Legal Topics
Non Refoulement, Torture, Internal Relocation, Credibility Findings, Procedural Fairness, Hong Kong Bill of Rights
Source Language
en
Constitutional Law Administrative Law Immigration Law Human Rights Law Refugee and Non Refoulement Law Non Refoulement Torture Internal Relocation +3 more

Source-derived case record

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 3 Authorities cited 9 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Torres Alexander Gallega

Applicant

Torture Claims Appeal Board

1st Putative Respondent

Director of Immigration

2nd Putative Respondent

Procedural Posture

Judicial Review Leave to Apply / Leave Application Refused

Legal Issues

  1. 1 Whether the Director and the Torture Claims Appeal Board erred in law or procedure in rejecting non-refoulement and related HKBOR claims
  2. 2 Whether there were substantial grounds to believe the applicant would face torture, death or serious harm if returned
  3. 3 Whether internal relocation within the Philippines was viable and unduly harsh given applicant's disability

Ratio Decidendi

Leave was refused because the applicant failed to demonstrate any reasonably arguable legal error, procedural unfairness or irrationality in the Director's or Board's decisions; the Board's adverse credibility findings after oral hearing and the conclusion that internal relocation was feasible negated any realistic prospect of success on non-refoulement or HKBOR claims.

Court Disposition

Leave to apply for judicial review refused

Orders

  • Leave to apply for judicial review refused.