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 court refused leave because the applicant failed to identify any substantive error in the Court of Appeal's decision or to show that the proposed appeal raised issues of great general or public importance under s.22(1)(b), and the applicant failed to comply with the court's procedural direction to file written...

Source-derived case information.

Citation
[2022] HKCA 263
Parties
Applicant: TRAN VAN CHUNG; Respondent: Torture Claims Appeal Board / Refoulement Review Section; Interested Party: Director of Immigration
Court
Court of Appeal
Jurisdiction
Hong Kong
Judgment Date
25 February 2022
Case Number
CACV49/2021
Procedural Posture
Civil Appeal — Judicial Review of Refoulement Decision / Application for Leave to Appeal to the Court of Final Appeal (refused)
Outcome
Application for leave to appeal to the Court of Final Appeal refused; Notice of Motion filed 23 September 2021 revoked.
Legal Topics
Leave to Appeal, Judicial Review, Non‑refoulement, Procedure/practice Direction Compliance
Source Language
ch
Administrative Law Immigration Law Human Rights Refoulement Leave to Appeal Judicial Review Non‑refoulement Procedure/practice Direction Compliance

Source-derived case record

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Parties

TRAN VAN CHUNG

Applicant

Torture Claims Appeal Board / Refoulement Review Section

Respondent

Director of Immigration

Interested Party

Procedural Posture

Civil Appeal — Judicial Review of Refoulement Decision / Application for Leave to Appeal to the Court of Final Appeal (refused)

  1. 1 Whether the applicant demonstrated an arguable error warranting leave to appeal to the Court of Final Appeal
  2. 2 Whether the issues raised are of great general or public importance under s.22(1)(b) of the Court of Final Appeal Ordinance (Cap. 484)
  3. 3 Whether the applicant complied with procedural directions (Practice Direction 2.1)

Ratio Decidendi

The court refused leave because the applicant failed to identify any substantive error in the Court of Appeal's decision or to show that the proposed appeal raised issues of great general or public importance under s.22(1)(b), and the applicant failed to comply with the court's procedural direction to file written submissions.

Court Disposition

Application for leave to appeal to the Court of Final Appeal refused; Notice of Motion filed 23 September 2021 revoked.

Orders

  • Leave to appeal to the Court of Final Appeal refused
  • Notice of Motion filed 23 September 2021 revoked