29 Sept 2022
NGUYEN VAN ANH AND ANOTHER v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE [Decision on Leave Application]
- Citation
- [2022] HKCFI 2996
- Court
- Court of First Instance
- Case number
- HCAL1090/2019
Leave to apply for judicial review was refused because the Board's adverse credibility findings were supported by the evidence and country information, there was no error of law or procedural unfairness in the Board's process, no material child-specific issue remained unconsidered that could give rise to non-refoulement grounds, and the applicants had no realistic prospect of success.
- Non-refoulement
- Torture risk
- Article 2 hkbor right to life
- Article 3 hkbor cruel inhuman or degrading treatment
- Refugee convention article 33
- Credibility assessment