YANGER RUBY JOYCE MASALINTO v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

YANGER RUBY JOYCE MASALINTO v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

Leave was dismissed because the Applicant failed to identify any reasonably arguable legal error, irrationality or procedural unfairness in the Director's and Board's decisions; the Board's adverse credibility findings and conclusion that internal relocation was feasible were within jurisdiction and supported by evidence, so there was no prospect of success on judicial review.

Citation
[2023] HKCFI 2708
Parties
Applicant: Yanger Ruby Joyce Masalinto; Putative Respondent: Torture Claims Appeal Board; Putative Interested Party: Director of Immigration
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
19 October 2023
Case Number
HCAL680/2022
Procedural Posture
Application for Leave to Apply for Judicial Review / Decision on Leave Application (dismissed)
Outcome
Leave to apply for judicial review dismissed.
Legal Topics
Non Refoulement, Torture Risk, Credibility Findings, Internal Relocation, Judicial Review of Administrative Decisions, Screening and Appeal Procedure
Source Language
EN
Immigration Law Constitutional Law Administrative Law Human Rights Law Non Refoulement Torture Risk Credibility Findings Internal Relocation +2 more

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Parties

Yanger Ruby Joyce Masalinto

Applicant

Torture Claims Appeal Board

Putative Respondent

Director of Immigration

Putative Interested Party

Procedural Posture

Application for Leave to Apply for Judicial Review / Decision on Leave Application (dismissed)

Legal Issues

  1. 1 Whether the Applicant faces a real risk of torture or other non-derogable rights violations on return
  2. 2 Whether the Board erred in law, acted irrationally or committed procedural unfairness
  3. 3 Whether internal relocation in the Philippines is reasonable and available

Ratio Decidendi

Leave was dismissed because the Applicant failed to identify any reasonably arguable legal error, irrationality or procedural unfairness in the Director's and Board's decisions; the Board's adverse credibility findings and conclusion that internal relocation was feasible were within jurisdiction and supported by evidence, so there was no prospect of success on judicial review.

Court Disposition

Leave to apply for judicial review dismissed.

Orders

  • Application for leave to apply for judicial review dismissed.