appeal covers the whole decision-making process, as well as the final decision. This appears designed to prevent judicial review on such grounds as the Board having based its decisions on a material error of fact, or there having been procedural irregularities leading up to the decision.
FCO Legal Advisers' concern is that if judicial review is excluded altogether, breaches of the ICCPR are likely to result, because it reduces the remedies available to persons claiming that they are likely to be subjected to torture, inhuman or degrading treatment in Vietnam if returned there.
or
Hong Kong Government Legal Advisers comment that is not their intention to preclude judicial review entirely. What
the amendment seeks to make clear is that all decisions of
the board within its jurisdiction are immune from review,
not merely the final determination of whether or not a
person is a refugee. Judicial review would, however, still
lie either if no decision is in fact taken, if the board acted outside its jurisdiction, or if the decision-making process was flawed in a material particular. In these
circumstances, and having regard also to Hong Kong's acceptance of the UNHCR mandate in any particular case, they do not think that this will result in an increased risk of a
genuine refugee being returned to Vietnam.
CC3ACI/3
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Private notes are available after approval.