VU THI LAP v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

VU THI LAP v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

The leave application was dismissed because the Director and the Board reasonably found the risk to be localized, low and arising from a private dispute with available state protection and feasible internal relocation; no legal error, irrationality or procedural unfairness was identified and the applicant confirmed...

Source-derived case information.

Citation
[2025] HKCFI 169
Parties
Applicant: Vu Thi Lap; Putative Respondent: Torture Claims Appeal Board; Putative Interested Party: Director of Immigration
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
14 January 2025
Case Number
HCAL977/2021
Procedural Posture
Application for Leave to Apply for Judicial Review (non Refoulement) / Leave Application Dismissed
Outcome
Application for leave to apply for judicial review dismissed.
Legal Topics
Non Refoulement, Torture, Internal Relocation, Procedural Fairness, Judicial Review Leave
Source Language
en
Immigration Law Administrative Law Constitutional Law Human Rights Law Non Refoulement Torture Internal Relocation Procedural Fairness +1 more

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Parties

Vu Thi Lap

Applicant

Torture Claims Appeal Board

Putative Respondent

Director of Immigration

Putative Interested Party

Procedural Posture

Application for Leave to Apply for Judicial Review (non Refoulement) / Leave Application Dismissed

Legal Issues

  1. 1 Whether the applicant faces a real risk of torture or other ill-treatment from private actors if returned
  2. 2 Whether state protection is available and effective
  3. 3 Whether internal relocation within Vietnam is reasonable and accessible

Ratio Decidendi

The leave application was dismissed because the Director and the Board reasonably found the risk to be localized, low and arising from a private dispute with available state protection and feasible internal relocation; no legal error, irrationality or procedural unfairness was identified and the applicant confirmed it was safe to return, so there was no reasonably arguable ground for judicial review.

Court Disposition

Application for leave to apply for judicial review dismissed.

Orders

  • Application for leave to apply for judicial review dismissed.