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

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

Permission was refused because the applicant failed to establish any legal error, procedural unfairness or irrationality in the Appeal Board's decision; factual assessments regarding risk, state protection and internal relocation fall within the Board's remit and were supported by evidence, so there was no reasonable prospect of success on judicial review.

Citation
[2021] HKCFI 3531
Parties
Applicant: Vu Thi Sinh; Respondent (suggested): 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
24 November 2021
Case Number
HCAL1271/2018
Procedural Posture
Judicial Review / Permission Application (refused)
Outcome
Permission to apply for judicial review refused and application dismissed.
Legal Topics
Non Refoulement, Risk of Torture/cidtp (bill of Rights S8), State Protection, Internal Relocation, Procedural Fairness in Administrative Hearings, Judicial Review Standard of Review
Source Language
CH
Immigration Law Human Rights Administrative Law Asylum/refugee Law Non Refoulement Risk of Torture/cidtp (bill of Rights S8) State Protection Internal Relocation +2 more

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Parties

Vu Thi Sinh

Applicant

酷刑聲請上訴委員會／免遣返聲請呈請辦事處

Respondent (suggested)

入境事務處處長

Interested Party

Procedural Posture

Judicial Review / Permission Application (refused)

Legal Issues

  1. 1 Whether applicant faces risk of torture or CIDTP if returned to Vietnam
  2. 2 Whether Vietnamese state protection is available and effective
  3. 3 Whether internal relocation within Vietnam is a viable option

Ratio Decidendi

Permission was refused because the applicant failed to establish any legal error, procedural unfairness or irrationality in the Appeal Board's decision; factual assessments regarding risk, state protection and internal relocation fall within the Board's remit and were supported by evidence, so there was no reasonable prospect of success on judicial review.

Court Disposition

Permission to apply for judicial review refused and application dismissed.

Orders

  • Permission to apply for judicial review refused and application dismissed.