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Re Dela Cruz Eileen Tolentino

Judgment Cited authorities 1 Cited in Precedent Map Related
Vincent
Judgment Date26 March 2021
Neutral Citation[2021] HKCA 384
Year2021
Judgement NumberCACV245/2020
Subject MatterCivil Appeal
CourtCourt of Appeal (Hong Kong)
CACV245A/2020 RE DELA CRUZ EILEEN TOLENTINO

CACV 245/2020

[2021] HKCA 384

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CIVIL APPEAL NO 245 OF 2020

(ON APPEAL FROM HCAL NO 1579 OF 2018)

_________________________________

RE: DELA CRUZ EILEEN TOLENTINO Applicant

_________________________________

Before: Hon Yeung VP, Cheung JA and Toh J in Court

Date of Written Submissions: 25 January 2021

Date of Judgment: 26 March 2021

________________

J U D G M E N T

________________

Hon Toh J (giving the Judgment of the Court):

1. By a judgment dated 29 December 2020[1], this Court (Yeung VP and Toh J) dismissed the applicant’s appeal against the decision of Campbell-Moffat J (“the Judge”) given on 23 June 2020 in HCAL 1597/2018 refusing to grant leave to her to apply for judicial review. The applicant sought to review the decision of the Torture Claims Appeal Board / Non-refoulement Claims Petition Office (“Board”) given on 27 July 2018 dismissing her petition/appeal from the decision of the Director of Immigration (“Director”) given on 24 January 2018 rejecting her non-refoulement claim.

2. By a notice of motion dated 11 January 2021, the applicant now seeks leave to appeal to the Court of Final Appeal on the grounds that:

“1. In my judgment, the Honourable Judges did not consider my fear, that I would face into my Country of origin, my fear that the Torture Claims Appeal Board/ Non-refoulement Claims Petition Office (The TCAB) and the Director did not proper assessed into my claim, that I would not safe in my Country.

2. Failure to proper observation into Country of origin condition (COI) information that the authority of my Country would not able to protect me.

3. Failure to consider my claim under BOR 3 risk.”

3. In compliance with the directions made by the Registrar of Civil Appeals on 12 January 2021, the applicant should lodge her written submissions on 25 January 2021.

4. In her written submissions, she set out the following:

(1) The Board and the Director failed to make sufficient inquiries into the Country of origin information (“COI”) in respect of her case and adopted a passive approach in contravention of the high standard of fairness viz the discharging of the burden of proof as per Li CJ in Secretary for Security v Sakthevel Prabakar[2] and TK v. Michael C Jenkins and another[3].

(2) The Board and the Director failed to take into account and /or give proper weight to relevant considerations and materials which he should have, and hence his decision is illegal. Specially, they have failed to...

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