TRAN VAN TUAN v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

TRAN VAN TUAN v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

Leave was refused because the applicant failed to identify any reasonably arguable legal error, procedural unfairness or irrationality in the Director's and Board's decisions; the factual assessment that the risk was a localized private dispute with available state protection and reasonable internal relocation was...

Source-derived case information.

Citation
[2021] HKCFI 1020
Parties
Applicant: Tran Van Tuan; Putative Respondent: Torture Claims Appeal Board
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
20 April 2021
Case Number
HCAL1085/2018
Procedural Posture
Application for Leave to Apply for Judicial Review / Leave Application (refused)
Outcome
Leave to apply for judicial review refused.
Legal Topics
Non Refoulement, Torture Risk, Internal Relocation, Credibility Findings, Procedural Fairness, Leave to Apply for Judicial Review
Source Language
en
Constitutional Law Administrative Law Immigration Law Human Rights Law Judicial Review Non Refoulement Torture Risk Internal Relocation +3 more

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Parties

Tran Van Tuan

Applicant

Torture Claims Appeal Board

Putative Respondent

Procedural Posture

Application for Leave to Apply for Judicial Review / Leave Application (refused)

Legal Issues

  1. 1 Whether there is any reasonably arguable error of law or procedural unfairness by the Director and the Board
  2. 2 Whether the applicant faces a real risk of torture or persecution by a private creditor on return to Vietnam
  3. 3 Whether state protection or internal relocation in Vietnam would remove the need for non-refoulement protection

Ratio Decidendi

Leave was refused because the applicant failed to identify any reasonably arguable legal error, procedural unfairness or irrationality in the Director's and Board's decisions; the factual assessment that the risk was a localized private dispute with available state protection and reasonable internal relocation was open to them and judicial review will not rehear those assessments.

Court Disposition

Leave to apply for judicial review refused.

Orders

  • Leave to apply for judicial review refused.