TRAN VAN THAI 對 酷刑聲請上訴委員會/免遣返聲請呈請辦事處 [Decision on Leave Application]

TRAN VAN THAI 對 酷刑聲請上訴委員會/免遣返聲請呈請辦事處 [Decision on Leave Application]

The court upheld the Appeal Board's factual findings that the applicant's evidence was inconsistent and not credible and that there was no real risk of serious harm on return and no legal or procedural error by the tribunal; accordingly there was no arguable ground for judicial review and permission was refused.

Source-derived case information.

Citation
[2021] HKCFI 3425
Parties
Applicant: Tran Van Thai; Respondent: 酷刑聲請上訴委員會/免遣返聲請呈請辦事處; Interested Party: 入境事務處處長
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
18 November 2021
Case Number
HCAL766/2018
Procedural Posture
Judicial Review / Permission Application Refused
Outcome
Permission to apply for judicial review refused
Legal Topics
Non Refoulement, Torture Claim, Judicial Review Permission Stage, Credibility Assessment, Internal Relocation
Source Language
ch
Constitutional and Administrative Law Immigration Human Rights Refugee and Non Refoulement Law Non Refoulement Torture Claim Judicial Review Permission Stage Credibility Assessment +1 more

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Parties

Tran Van Thai

Applicant

酷刑聲請上訴委員會/免遣返聲請呈請辦事處

Respondent

入境事務處處長

Interested Party

Procedural Posture

Judicial Review / Permission Application Refused

  1. 1 Whether return to Vietnam exposes applicant to real risk of torture or ill-treatment
  2. 2 Whether threats by private debtors constitute persecution or amount to torture
  3. 3 Whether Vietnamese authorities can provide effective protection or internal relocation is available

Ratio Decidendi

The court upheld the Appeal Board's factual findings that the applicant's evidence was inconsistent and not credible and that there was no real risk of serious harm on return and no legal or procedural error by the tribunal; accordingly there was no arguable ground for judicial review and permission was refused.

Court Disposition

Permission to apply for judicial review refused

Orders

  • Permission to apply for judicial review refused