TRAN THI KHOA v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

TRAN THI KHOA v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

The leave application was dismissed because the applicant had left Hong Kong and under section 37ZF of the Immigration Ordinance her torture claim is treated as withdrawn and cannot be re‑opened; additionally, the Director and the Board had reasonably found no substantial grounds of real risk, including availability...

Source-derived case information.

Citation
[2021] HKCFI 581
Parties
Applicant: Tran Thi Khoa; Putative Respondent: Torture Claims Appeal Board; Putative Interested Party: Director of Immigration
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
5 March 2021
Case Number
HCAL1343/2018
Procedural Posture
Application for Leave to Apply for Judicial Review / Leave Stage — Application for Leave Dismissed
Outcome
Application for leave to apply for judicial review dismissed.
Legal Topics
Non Refoulement, Torture Risk (immigration Ordinance Part Viic), HKBOR Article 2 (right to Life), HKBOR Article 3 (torture/cruel Treatment), Refugee Convention Article 33 (non Refoulement), Internal Relocation, Leave to Apply for Judicial Review, Removal/withdrawal of Claim (s37 Zf)
Source Language
en
Immigration Law Constitutional Law Administrative Law Human Rights Law Non Refoulement Torture Risk (immigration Ordinance Part Viic) HKBOR Article 2 (right to Life) HKBOR Article 3 (torture/cruel Treatment) +4 more

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Parties

Tran Thi Khoa

Applicant

Torture Claims Appeal Board

Putative Respondent

Director of Immigration

Putative Interested Party

Procedural Posture

Application for Leave to Apply for Judicial Review / Leave Stage — Application for Leave Dismissed

Legal Issues

  1. 1 Whether the applicant's non‑refoulement/torture claim is treated as withdrawn under section 37ZF of the Immigration Ordinance upon her departure from Hong Kong
  2. 2 Whether there are substantial grounds for believing the applicant faces a real risk of torture, ill‑treatment or persecution if returned to Vietnam
  3. 3 Whether internal relocation in Vietnam is a reasonable alternative

Ratio Decidendi

The leave application was dismissed because the applicant had left Hong Kong and under section 37ZF of the Immigration Ordinance her torture claim is treated as withdrawn and cannot be re‑opened; additionally, the Director and the Board had reasonably found no substantial grounds of real risk, including availability of state protection and viable internal relocation, and the applicant had not advanced arguable grounds in her leave application.

Court Disposition

Application for leave to apply for judicial review dismissed.

Orders

  • The application for leave to apply for judicial review be dismissed.