TRAN THI BICH v. DIRECTOR OF IMMIGRATION [Decision on Leave Application]

TRAN THI BICH v. DIRECTOR OF IMMIGRATION [Decision on Leave Application]

Leave was refused because the applicant's appeal to the Board had been validly withdrawn rendering the Director's decision final, the grounds advanced were general and not reasonably arguable, and careful scrutiny disclosed no error of law, procedural unfairness or irrationality in the Director's assessment of risk,...

Source-derived case information.

Citation
[2026] HKCFI 2777
Parties
Applicant: Tran Thi Bich; Putative Respondent: Director of Immigration
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
13 May 2026
Case Number
HCAL2118/2025
Procedural Posture
Leave to Apply for Judicial Review (immigration/non Refoulement) / Leave Application (refused)
Outcome
Leave application dismissed; applications to withdraw and to re-open refused
Legal Topics
Non Refoulement, Unified Screening Mechanism, Judicial Review, Withdrawal of Appeal, Internal Relocation, State Protection, Wednesbury Unreasonableness
Source Language
en
Immigration Law Constitutional and Administrative Law Human Rights Asylum and Non Refoulement Non Refoulement Unified Screening Mechanism Judicial Review Withdrawal of Appeal +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 5 Authorities cited 11 Party arguments 2
Sign in to unlock

Parties

Tran Thi Bich

Applicant

Director of Immigration

Putative Respondent

Procedural Posture

Leave to Apply for Judicial Review (immigration/non Refoulement) / Leave Application (refused)

Legal Issues

  1. 1 Whether the applicant can judicially review the Director of Immigration's decision after withdrawing an appeal to the Torture Claims Appeal Board
  2. 2 Whether the applicant's grounds were sufficiently particularised to found a reasonably arguable claim
  3. 3 Whether the Director's assessment of risk, state protection and internal relocation was legally flawed or irrational

Ratio Decidendi

Leave was refused because the applicant's appeal to the Board had been validly withdrawn rendering the Director's decision final, the grounds advanced were general and not reasonably arguable, and careful scrutiny disclosed no error of law, procedural unfairness or irrationality in the Director's assessment of risk, state protection and internal relocation, so there were no realistic prospects of success for judicial review.

Court Disposition

Leave application dismissed; applications to withdraw and to re-open refused

Orders

  • The applicant's application to withdraw the Leave Application is refused
  • The applicant's application to re-open the Leave Application is refused