TRAN BINH LUAN v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

TRAN BINH LUAN v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

Leave was refused because the applicant failed to identify any arguable legal error, procedural unfairness or irrationality in the Director's or the Board's decisions; the Board's adverse credibility findings were supported by the evidence, the risk was localized and internal relocation was reasonable, so there was no real prospect of success on judicial review.

Citation
[2020] HKCFI 2278
Parties
Applicant: Tran Binh Luan; Putative Respondent: Torture Claims Appeal Board; Putative Interested Party: Director of Immigration
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
15 September 2020
Case Number
HCAL725/2018
Procedural Posture
Application for Leave to Apply for Judicial Review / Leave Application Refused
Outcome
Leave to apply for judicial review refused.
Legal Topics
Non Refoulement, Leave for Judicial Review, Credibility Findings, Internal Relocation, Torture Risk, Article 2 HKBOR (right to Life), Article 3 HKBOR (torture and Inhuman Treatment), Procedural Fairness
Source Language
EN
Constitutional Law Administrative Law Immigration Law Human Rights Refugee and Asylum Law Non Refoulement Leave for Judicial Review Credibility Findings +5 more

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Parties

Tran Binh Luan

Applicant

Torture Claims Appeal Board

Putative Respondent

Director of Immigration

Putative Interested Party

Procedural Posture

Application for Leave to Apply for Judicial Review / 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 made legal errors, procedural unfairness or irrational findings
  3. 3 Whether adverse credibility findings can be impugned on judicial review

Ratio Decidendi

Leave was refused because the applicant failed to identify any arguable legal error, procedural unfairness or irrationality in the Director's or the Board's decisions; the Board's adverse credibility findings were supported by the evidence, the risk was localized and internal relocation was reasonable, so there was no real prospect of success on judicial review.

Court Disposition

Leave to apply for judicial review refused.

Orders

  • Leave to apply for judicial review refused.