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Hoang Dinh Quy v Torture Claims Appeal Board [Decision On Leave Application]

Judgment Cited authorities 1 Cited in Precedent Map Related
Vincent
Judgment Date16 September 2021
Neutral Citation[2021] HKCFI 2791
Judgement NumberHCAL714/2021
Subject MatterConstitutional and Administrative Law Proceedings
CourtCourt of First Instance (Hong Kong)
HCAL714/2021 HOANG DINH QUY v. TORTURE CLAIMS APPEAL BOARD

HCAL 714/2021

[2021] HKCFI 2791

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CONSTITUTIONAL AND ADMINISTRATIVE LAW LIST No 714 of 2021

BETWEEN

Hoang Dinh Quy Applicant
and
Torture Claims Appeal Board Putative Respondent
and
Director of Immigration Putative Interested Party

Application for Leave to Apply for Judicial Review

NOTIFICATION of the Judge’s decision (Ord 53 r 3)

Following:

consideration of the documents only; or
consideration of the documents and oral submissions by (counsel for) the Applicant in open court / the Applicant being absent in open court;

Order by Deputy High Court Judge Bruno Chan:

Leave to apply for judicial review refused.

Observations for the Applicant:

1. The Applicant is a 28-year-old national of Vietnam who last entered Hong Kong illegally on 25 December 2012 and subsequently on 17 June 2014 surrendered to the Immigration Department and raised a non-refoulement claim on the basis that if he returned to Vietnam he would be harmed or killed by his fellow villagers over some religious dispute. He was subsequently released on recognizance pending the determination of his claim.

2. The Applicant was born and raised in Buddhism in a village in Do Son District, Haiphong City, Vietnam. After leaving school he assisted his father in fishing, got married and raised a family with a son.

3. In 2011 his started to hold religious meetings with his fellow Buddhists in his home but which were suspected by some of his neighbours of hosting illegal activities and complained to the police, and when he heard that he had been summoned to the local police station for investigation, he became fearful for his safety and fled to Mong Cai, and from there he departed for China and later sneaked into Hong Kong where he was subsequently arrested by police and repatriated to Vietnam in March 2012.

4. Upon returning to Vietnam, as he was still fearful for his safety, the Applicant therefore departed Vietnam again on 18 December 2012 for China, and from there he again sneaked into Hong Kong and subsequently raised his non-refoulement claim for protection, for which he completed a Non-refoulement Claim Form (“NCF”) on 20 November 2020 and attended screening interview before the Immigration Department with legal representation from the Duty Lawyer Service (“DLS”).

5. Whilst being released on recognizance pending determination of his claim, the Applicant was arrested by police on 24 September 2018 for theft and was subsequently convicted and imprisoned for 29 months.

6. By a Notice of Decision dated 18 December 2020 the Director of Immigration (“Director”) rejected the Applicant’s claim on all the applicable grounds including risk of torture under Part VIIC of the Immigration Ordinance, Cap 115 (“Torture Risk”), risk of his absolute or non-derogable rights under the Hong Kong Bill of Rights Ordinance, Cap 383 (“HKBOR”) being violated including right to life under Article 2 (“BOR 2 Risk”), risk of torture or cruel, inhuman or degrading treatment or punishment under Article 3 of HKBOR (“BOR 3 Risk”), and risk of persecution with reference to the non-refoulement principle under Article 33 of the 1951 Convention Relating to the Status of Refugees (“Persecution Risk”).

7. In his decision the Director took into account of all the relevant circumstances of the Applicant’s claim and assessed the level of risk of harm from his fellow villagers upon his return to Vietnam as low due to the...

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