Le Thi Hop v. Torture Claims Appeal Board / Non-refoulement Claims Petition Office
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HCAL 132/2021 [2025] HKCFI 5052 IN THE HIGH COURT OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION COURT OF FIRST INSTANCE CONSTITUTIONAL AND ADMINISTRATIVE LAW LIST No. 132 of 2021
Application for Leave to Apply for Judicial Review Following;
Order by Deputy High Court Judge K.W. Lung:
Observations for the Applicant: THE APPLICATION 1.The applicant applies for leave to apply for judicial review of the Decision dated 18 January 2021 of the Torture Claims Appeal Board (“the Board’s Decision). 2.The applicant did not ask for a hearing. The applicant 3.The applicant is a national of Vietnam. She was an illegal immigration for the reason that she sneaked into Hong Kong from Shenzhen by a speedboat. She was arrested by police. She lodged a non-refoulement claim with the Director of Immigration (“the Director”). 4.The applicant’s claim was based on her fear of being harmed or killed by her creditor, from whom she had borrowed 500 million VND and she was unable to repay. The creditor had gone to her home to demand payment and had threatened to kill her if she was unable to pay. They had also assaulted her and her husband and she fainted. 5.Details of her claim are set out in the Board’s Decision. See hyperlink https://legalref.judiciary.hk/doc/judg/html/vetted/other/en/2021/HCAL000132_2021_files/the_Board's_Decision.pdf. The Director’s Decision 6.The Director considered the applicant’s claim in relation to the following risks:
7.By way of the Notice of Decision dated 30 September 2019 (“Director’s Decision”), the Director dismissed the applicant’s claim because it was unsubstantiated. The Board’s Decision 8.The applicant appealed the Director’s Decision to the Board. On 16 April 2020, the Board conducted an oral hearing for her. She had given oral evidence and answered the Board’s questions. 9.Having considered the evidence, the Board found the facts below.
10.For the above reasons, the Board dismissed her appeal. Application for leave to apply for judicial review of the Board’s Decision 11.The applicant has filed Form 86 dated 4 February 2021for leave to apply for judicial review of the Board’s Decision. 12.The applicant has not raised any specific ground to challenge the Board’s Decision. DISCUSSION 13.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). 14.The Court will bear in mind that the Board’s Decisions should be examined with rigorous examination and anxious scrutiny. 15.In Re: Kartini [2019] HKCA 1022, 9 September 2019, the Court of Appeal held:
16.The applicant fails to show that she has any realistic prospect of success in her proposed judicial review of the Board’s Decision. DISPOSITION 17.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 4th day of November 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
Boimin Sunarti Alias Sunarti v. Torture Claims Appeal Board / Non-refoulement Claims Petition Office
Yulianah v. Torture Claims Appeal Board / Non-refoulement Claims Petition Office
Hussain Anwar v. Torture Claims Appeal Board / Non-refoulement Claims Petition Office
Nguyen Xuan Truong v. Torture Claims Appeal Board / Non-refoulement Claims Petition Office
Najeeb Rehman v. Torture Claims Appeal Board / Non-refoulement Claims Petition Office
Bui Linh Trang v. Torture Claims Appeal Board / Non-refoulement Claims Petition Office
Nguyen Xuan Thieu v. Torture Claims Appeal Board / Non-refoulement Claims Petition Office
Setiawan Agus v. Torture Claims Appeal Board / Non-refoulement Claims Petition Office
Ali Sheikh Asgar v. Torture Claims Appeal Board / Non-refoulement Claims Petition Office
Alam Mustak v. Torture Claims Appeal Board / Non-refoulement Claims Petition Office
Sk Wasim v. Torture Claims Appeal Board / Non-refoulement Claims Petition Office
Taufique Ahmad v. Torture Claims Appeal Board / Non-refoulement Claims Petition Office
Ramgiri Nagesh v. Torture Claims Appeal Board / Non-refoulement Claims Petition Office
Rusdiantoro Andi Prastyo v. Torture Claims Appeal Board / Non-refoulement Claims Petition Office
Nguyen Ba Luong v. Torture Claims Appeal Board / Non-refoulement Claims Petition Office
Dang Thi Tam v. Torture Claims Appeal Board / Non-refoulement Claims Petition Office
Ningsih Yoje v. Torture Claims Appeal Board / Non-refoulement Claims Petition Office
Gamlath Mohottige Hemamali Wasantha Jayampathie Gamlath v. Torture Claims Appeal Board / Non-refoulement Claims Petition Office
Atikah Nining v. Torture Claims Appeal Board / Non-refoulement Claims Petition Office
Ardiana Ayu v. Torture Claims Appeal Board / Non-refoulement Claims Petition Office
Further hearings and rulings under HCAL 132/2021