LILI LESTARI AND ANOTHER v. TORTURE CLAIMS APPEAL BOARD AND ANOTHER [Decision on Leave Application]

LILI LESTARI AND ANOTHER v. TORTURE CLAIMS APPEAL BOARD AND ANOTHER [Decision on Leave Application]

Leave to apply for judicial review is refused because the applicants failed to identify any reasonably arguable ground; the Director and the Appeal Board considered the claims fully and fairly with no error of law or procedure, and there was no realistic prospect of success.

Citation
[2018] HKCFI 664
Parties
Applicant 1: Lili Lestari; Applicant 2: Edi Subagio Meilani Subagio; Putative Respondent 1: Torture Claims Appeal Board; Putative Respondent 2: Director of Immigration
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
23 March 2018
Case Number
HCAL240/2016
Procedural Posture
Application for Leave to Apply for Judicial Review (non Refoulement/torture Claim) / Decision on Leave Application (refused)
Outcome
Leave to apply for Judicial Review refused
Legal Topics
Non Refoulement, Torture Claim, Procedural Fairness, Standard of Proof, Leave to Apply for Judicial Review, Overstaying, Removal Order
Source Language
EN
Constitutional Law Administrative Law Immigration Law Human Rights Law Non Refoulement Torture Claim Procedural Fairness Standard of Proof +3 more

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Parties

Lili Lestari

Applicant 1

Edi Subagio Meilani Subagio

Applicant 2

Torture Claims Appeal Board

Putative Respondent 1

Director of Immigration

Putative Respondent 2

Procedural Posture

Application for Leave to Apply for Judicial Review (non Refoulement/torture Claim) / Decision on Leave Application (refused)

Legal Issues

  1. 1 Whether the Appeal Board failed to conduct sufficient inquiries into country conditions in Indonesia
  2. 2 Whether procedural fairness was breached in the Appeal Board's handling of the appeals
  3. 3 Whether the applicants established a consistent pattern of gross, flagrant or mass human rights violations in Indonesia

Ratio Decidendi

Leave to apply for judicial review is refused because the applicants failed to identify any reasonably arguable ground; the Director and the Appeal Board considered the claims fully and fairly with no error of law or procedure, and there was no realistic prospect of success.

Court Disposition

Leave to apply for Judicial Review refused

Orders

  • Leave to apply for Judicial Review is refused.