18 Dec 2023
CHAUDHARY VINAY v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE [Decision on Leave Application]
- Citation
- [2023] HKCFI 3313
- Court
- Court of First Instance
- Case number
- HCAL1444/2023
Section 11 of the BORO excludes the claimed BOR and CRC protections for a person without a right to enter and remain except for absolute non-derogable rights; CRC is not domesticated for immigration removals; the Board's fact findings that the risk was remote were supported by COI and evidence and were not legally flawed or irrational; accordingly the applicant failed to establish entitlement to non-refoulement protection and leave to apply for judicial review was refused.