Pham Thi Quyen v. Torture Claims Appeal Board / Non-refoulement Claims Petition Office
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HCAL 2082/2020 [2025] HKCFI 4850 IN THE HIGH COURT OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION COURT OF FIRST INSTANCE CONSTITUTIONAL AND ADMINISTRATIVE LAW LIST No. 2082 of 2020
Application for Leave to Apply for Judicial Review NOTIFICATION of the Judge’s decision (Ord. 53 r. 3) Following;
Order by Deputy High Court Judge K.W. Lung: Leave to apply for Judicial Review be refused. Observations for the Applicant: THE APPLICATION 1.The applicant applies for leave to apply for judicial review of the Decision dated 29 September 2020 of the Torture Claims Appeal Board (“the Board’s Decision). 2.The applicant requested an oral hearing. However, she was absent at the hearing on 8 October 2025. I shall deal with her application on the papers. 3.Pursuant to Order 20, rule 8 and Order 53, rule 3(6) of the Rules of the High Court, Form 86 is amended to the effect that the proposed respondent is the Board and the Director of Immigration is the interested party. 4.Although the Board’s Decision is in Chinese, since the applicant’s affirmation is in English, this Form CALL-1 is in English. The applicant 5.The applicant is a national of Vietnam. She was an illegal immigrant as she sneaked into Hong Kong illegally on 1 August 2019. She surrendered to the Immigration Department and lodged a non-refoulement claim on the basis that, if refouled, she will be harmed or killed by creditor, who had lent her 1 billion VND for her restaurant business. She was unable to repay her loan. Her creditor and his people had gone to her home and assaulted her. They also threatened her. 6.Details of her claim are set out in the Board’s Decision. See hyperlink https://legalref.judiciary.hk/doc/judg/html/vetted/other/en/2020/HCAL002082_2020_files/the_Board's_Decision.pdf. The Director’s Decision 7.The Director considered the applicant’s claim in relation to the following risks:
8.By way of the Notice of Decision dated 11 March 2020 (“Director’s Decision”), the Director dismissed the applicant’s claim because it was unsubstantiated. Besides, state protection will be available and internal relocation is viable, which will mitigate or neutralize the applicable risks. The Board’s Decision 9.The applicant appealed the Director’s Decision to the Board. On 11 September 2020, the Board conducted an oral hearing for her. She had given oral evidence and answered the Board’s questions. 10.Having considered the evidence, the Board found the facts below.
11.For the above reasons, the Board dismissed her appeal. Application for leave to apply for judicial review of the Board’s Decision 12.The applicant has filed Form 86 dated 19 October 2020 for leave to apply for judicial review of the Board’s Decision. 13.The applicant has not raised any specific ground to challenge the Board’s Decision. DISCUSSION 14.The role of this Court is supervisory, meaning that it ensures that the Board complied with the public law requirements in coming to the Board’s Decision on the applicant’s appeal. The Court will not usurp the fact-finding power vested in the Director and the Board. See TK v Michael C Jenkins Esq and Director of Immigration [2013] 1 HKC 526, §40 and Nupur Mst v Director of Immigration [2018] HKCA 524, §14 (1). 15.The Court will bear in mind that the Board’s Decisions should be examined with rigorous examination and anxious scrutiny. 16.In Re: Kartini [2019] HKCA 1022, 9 September 2019, the Court of Appeal held:
17.The applicant has raised no valid ground to challenge the Board’s Decision. 18.The applicant fails to show that she has any realistic prospect of success in her proposed judicial review of the Board’s Decision. DISPOSITION 19.I refuse to grant leave to the applicant to apply for judicial review of the Board’s Decision. Accordingly, I dismiss her application. Dated the 23rd day of October 2025
Where leave to apply has been granted, Applicants and their legal advisers are reminded of their obligation to reconsider the merits of their application in the light of the Respondent’s evidence
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Cases cited in this judgment
Mobarok Md v. Torture Claims Appeal Board / Non-refoulement Claims Petition Office
Mohammed Arif Mirdha v. Torture Claims Appeal Board / Non-refoulement Claims Petition Office
Hoque Md Akramul v. Torture Claims Appeal Board / Non-refoulement Claims Petition Office
Amandeep Kaur v. Torture Claims Appeal Board / Non-refoulement Claims Petition Office
Adil Badshah v. Torture Claims Appeal Board / Non-refoulement Claims Petition Office
Hossain Shaikh Samad v. Torture Claims Appeal Board / Non-refoulement Claims Petition Office
Waqas Ali Shah v. Torture Claims Appeal Board
Manga Singh v. Torture Claims Appeal Board
Muhammad Ashfaq v. Torture Claims Appeal Board / Non-refoulement Claims Petition Office
Jabonete Cherry Ann Daldawon v. Torture Claims Appeal Board / Non-refoulement Claims Petition Office
Dela Cruz Rosalino Jr Rabang v. Torture Claims Appeal Board / Non-refoulement Claims Petition Office
Sukhdeep Singh v. Torture Claims Appeal Board / Non-refoulement Claims Petition Office
Tenorio Odessa Atienza v. Torture Claims Appeal Board / Non-refoulement Claims Petition Office
Bashir Atif v. Torture Claims Appeal Board / Non-refoulement Claims Petition Office
Kewal Krishan v. Torture Claims Appeal Board / Non-refoulement Claims Petition Office
Suala Chutiman v. Torture Claims Appeal Board / Non-refoulement Claims Petition Office
Kakaeo Kirita v. Torture Claims Appeal Board / Non-refoulement Claims Petition Office
Sombuthom Jutamanee v. Torture Claims Appeal Board / Non-refoulement Claims Petition Office
Agusnoto v. Torture Claims Appeal Board / Non-refoulement Claims Petition Office
Lakhwinder Singh v. Torture Claims Appeal Board / Non-refoulement Claims Petition Office
Further hearings and rulings under HCAL 2082/2020