6 Dec 2024
BUI THI DIEN v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE [Decision on Leave Application]
- Citation
- [2024] HKCFI 3521
- Court
- Court of First Instance
- Case number
- HCAL1435/2024
Leave to apply for judicial review was refused because the applicant failed to present any properly pleaded or reasonably arguable grounds; the Board's factual findings that the creditor's conduct did not meet required severity, that state protection was available and internal relocation was viable, were within the Board's province and showed no error of law, procedural unfairness or irrationality; the proposed review therefore lacked realistic prospects of success.
- Leave to apply for judicial review
- Non-refoulement (usm)
- Risk of torture (immigration ordinance part viic)
- Bor article 2 (right to life)
- Bor article 3 (torture and ill-treatment)
- State protection