有關 VU THI NAM 的事宜

有關 VU THI NAM 的事宜

The Court dismissed the appeal because the applicant failed to demonstrate that the original judge or the Appeal Board committed legal or procedural errors or obvious mistakes; the Appeal Board's adverse credibility findings and conclusions about low risk, state protection and internal relocation were not shown to...

Source-derived case information.

Citation
[2021] HKCA 1061
Parties
Applicant: Vu Thi Nam; Respondent: Director of Immigration; Respondent: Torture Claims Appeal Board
Court
Court of Appeal
Jurisdiction
Hong Kong
Judgment Date
27 July 2021
Case Number
CACV11/2021
Procedural Posture
Judicial Review of Immigration Removal/protection Decision / Appeal to Court of Appeal
Outcome
Appeal dismissed
Legal Topics
Non Refoulement (torture Risk, Article 3), Protection From Removal, Judicial Review Permission, Credibility Findings, Internal Relocation
Source Language
ch
Immigration Law Human Rights (bill of Rights) Administrative Law Non Refoulement (torture Risk, Article 3) Protection From Removal Judicial Review Permission Credibility Findings Internal Relocation

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Parties

Vu Thi Nam

Applicant

Director of Immigration

Respondent

Torture Claims Appeal Board

Respondent

Procedural Posture

Judicial Review of Immigration Removal/protection Decision / Appeal to Court of Appeal

  1. 1 Whether permission for judicial review should be granted
  2. 2 Whether the Court of Appeal should overturn the original judge's refusal
  3. 3 Whether the Appeal Board's credibility findings were irrational or perverse

Ratio Decidendi

The Court dismissed the appeal because the applicant failed to demonstrate that the original judge or the Appeal Board committed legal or procedural errors or obvious mistakes; the Appeal Board's adverse credibility findings and conclusions about low risk, state protection and internal relocation were not shown to be vitiated, so the proposed judicial review had no reasonable prospect.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed