Read the full judgment text of CACV 382/2022 on BabelCite. This Court of Appeal judgment was delivered on 29 March 2023 before Hon Cheung JA, Hon Barma JA.
Immigration – non-refoulement – judicial review – leave to apply – appeal – standard of review – supervisory role of court – error of law – procedural unfairness – irrationality – credibility – internal relocation – state protection – Vietnam – protest – torture risk – BOR 2 – BOR 3 – persecution risk – torture risk – The applicant, a Vietnamese national, entered Hong Kong illegally and claimed non-refoulement based on fear of harm by Vietnamese police due to protest involvement. The Director of Immigration and the Torture Claims Appeal Board rejected her claim, finding her evidence incredible and that internal relocation and state protection were available. The Deputy High Court Judge refused leave for judicial review, finding no public law errors. On appeal, the Court of Appeal held that the applicant failed to identify any error on the part of the Judge or the Board, and dismissed the appeal.
Legal issues: Leave to apply for judicial review of non-refoulement claim decision
Outcome: Appeal dismissed; leave to apply for judicial review refused.
Cited by 1 case · Cites 9 cases