
Mr. Tran Van Nam ("the Applicant") appealed against the decision of Deputy High Court Judge K.W. Lung refusing to grant leave to the applicant to apply for judicial review against the decision of the Torture Claims Appeal Board (“Board”) regarding his non-refoulementclaim, which was ultimately rejected by the Director of Immigration. The Board found the Applicant's claim not credible, stating that the dispute with his money lender was of private nature which did not involve the state. It also concluded that there was no real risk of harm to the Applicant upon return to Vietnam as he could both avail internal relocation and state protection.
The Deputy High Court Judge refused to grant leave for judicial review, stating that there was no demonstrated error of law or procedural unfairness in the decisions of the Board or the Director. The Judge emphasized that the Court's role in judicial review was supervisory and should not interfere with fact-finding powers vested in the authorities.
The Applicant appealed to court, citing concerns about potential harm if returned, the assessment of internal relocation, and his human rights. However, the court, in reviewing the appeal, found no grounds to reverse the decisions made. The Court adopted in dealing with appeals in non-refoulement cases:Nupur Mst v Director of Immigration [2018] HKCA 524 at [14]; Re Md Shohel Sheak [2018] HKCA 714 at [13]; and Re Limbu Birkhaman [2019] HKCA 50 and reiterated that judicial review is not another avenue for appeal and should only intervene if there are legal errors, procedural irregularities, or irrationality in the original decision. The Court also emphasized that in determination of an appeal against the refusal of leave by the Court of First Instance, the Court of Appeal will only examine the decision of the judge in light of the grounds advanced by the applicant.
In conclusion, the court dismissed the applicant's appeal, highlighting that the Board's findings were based on credible evidence and that the applicant failed to provide any error in the decision of the Judge or advance any viable grounds to challenge the decisions made by the Judge’s decision.
October 2024 Dr. Anthony Lai and Ms. Tanu Sona
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