Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Torture risk under part viic immigration ordinance

Legal area

Court

11 Sept 2023

NGUYEN VAN LAN v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

Citation

[2023] HKCFI 2305
Court

Court of First Instance
Case number

HCAL1476/2019

Leave was refused because the applicant failed to identify any reasonably arguable legal error, procedural unfairness or irrationality in the decisions of the Director and the Board; the Board reasonably found the dispute was private, state protection and internal relocation within Vietnam were available, and judicial review cannot be used to re-litigate the factual risk assessment absent clear legal error.
9 Nov 2020

HUSSAIN LIAQAT v. TORTURE CLAIMS APPEAL BOARD AND ANOTHER [Decision on Leave Application]

Citation

[2020] HKCFI 2585
Court

Court of First Instance
Case number

HCAL750/2020

The application for leave was dismissed because the applicant withdrew his challenge on the basis that the underlying problem had been resolved and thus the factual basis for relief no longer existed; substantively the Director and the Board had lawfully found the claimed risks to be low and confirmed refusal of protection.