TRAN VAN CHUNG 對 酷刑聲請上訴委員會/免遣返聲請呈請辦事處

TRAN VAN CHUNG 對 酷刑聲請上訴委員會/免遣返聲請呈請辦事處

The judge conducted a full and reasonable analysis and provided detailed reasons; the applicant failed to demonstrate any legal error, unfairness or obvious unreasonableness in the Appeal Board's decision and therefore had no real prospect of success, so permission to apply for judicial review was properly refused...

Source-derived case information.

Citation
[2021] HKCA 1291
Parties
Appellant: TRAN VAN CHUNG; Respondent: Torture Claims Appeal Board / Non-refoulement Claims Office; Interested Party: Director of Immigration
Court
Court of Appeal
Jurisdiction
Hong Kong
Judgment Date
10 September 2021
Case Number
CACV49/2021
Procedural Posture
Civil Appeal (immigration/non Refoulement) / Appeal From Refusal of Permission to Apply for Judicial Review
Outcome
Appeal dismissed; refusal of permission to apply for judicial review upheld.
Legal Topics
Non Refoulement, Torture Risk, Permission to Apply for Judicial Review, Procedural Fairness, Internal Relocation
Source Language
ch
Immigration Law Administrative Law Human Rights Law Judicial Review Non Refoulement Torture Risk Permission to Apply for Judicial Review Procedural Fairness +1 more

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Parties

TRAN VAN CHUNG

Appellant

Torture Claims Appeal Board / Non-refoulement Claims Office

Respondent

Director of Immigration

Interested Party

Procedural Posture

Civil Appeal (immigration/non Refoulement) / Appeal From Refusal of Permission to Apply for Judicial Review

  1. 1 Whether permission to apply for judicial review should be granted against the Appeal Board's decision
  2. 2 Whether the applicant faces a real risk of torture or serious harm from creditors on return to Vietnam
  3. 3 Whether the lower court judge erred in law or made a manifestly unreasonable factual finding

Ratio Decidendi

The judge conducted a full and reasonable analysis and provided detailed reasons; the applicant failed to demonstrate any legal error, unfairness or obvious unreasonableness in the Appeal Board's decision and therefore had no real prospect of success, so permission to apply for judicial review was properly refused and the appeal is dismissed.

Court Disposition

Appeal dismissed; refusal of permission to apply for judicial review upheld.

Orders

  • Appeal dismissed.