FRISCA AYUDYA ARYANI AND ANOTHER v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE AND ANOTHER [Decision on Leave Application]

FRISCA AYUDYA ARYANI AND ANOTHER v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE AND ANOTHER [Decision on Leave Application]

Leave refused because the applicants failed to establish any reasonably arguable ground of error in law or procedural unfairness: the Director gave reasons for rejecting risks under BOR2/BOR3, Part VIIC and Article 33; applicants had opportunity to present and had interpreter assistance; the Board's adverse credibility finding was a permissible factual conclusion and was not undermined by the asserted procedural defects; COI supported availability of state protection and internal relocation; therefore no prospect of success for judicial review.

Citation
[2018] HKCFI 2033
Parties
1st Applicant: Frisca Ayudya Aryani; 2nd Applicant: Frisca Ayudya Aryani Oq Ferdianshah P.; 1st Putative Respondent: Torture Claims Appeal Board / Non-Refoulement Claims Petition Office; 2nd Putative Respondent: Director of Immigration
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
14 September 2018
Case Number
HCAL1072/2017
Procedural Posture
Judicial Review / Leave Application (refused)
Outcome
Leave to apply for judicial review refused
Legal Topics
Non Refoulement, Torture/cat Risk, HKBOR Article 3, HKBOR Article 2 (right to Life), Refugee Convention Article 33, Procedural Fairness, Leave to Apply for Judicial Review, Credibility Assessment, Country of Origin Information, Internal Relocation
Source Language
EN
Immigration Law Constitutional Law Administrative Law Human Rights Law Non Refoulement Torture/cat Risk HKBOR Article 3 HKBOR Article 2 (right to Life) +6 more

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Parties

Frisca Ayudya Aryani

1st Applicant

Frisca Ayudya Aryani Oq Ferdianshah P.

2nd Applicant

Torture Claims Appeal Board / Non-Refoulement Claims Petition Office

1st Putative Respondent

Director of Immigration

2nd Putative Respondent

Procedural Posture

Judicial Review / Leave Application (refused)

Legal Issues

  1. 1 Whether leave to apply for judicial review should be granted
  2. 2 Whether the Director and the Board erred in law or procedurally in rejecting non-refoulement claims under Part VIIC of the Immigration Ordinance, HKBOR Articles 2 and 3, and Article 33 Refugee Convention
  3. 3 Whether lack of legal representation and lack of translation amounted to denial of fair hearing

Ratio Decidendi

Leave refused because the applicants failed to establish any reasonably arguable ground of error in law or procedural unfairness: the Director gave reasons for rejecting risks under BOR2/BOR3, Part VIIC and Article 33; applicants had opportunity to present and had interpreter assistance; the Board's adverse credibility finding was a permissible factual conclusion and was not undermined by the asserted procedural defects; COI supported availability of state protection and internal relocation; therefore no prospect of success for judicial review.

Court Disposition

Leave to apply for judicial review refused

Orders

  • Leave to apply for judicial review refused (14 September 2018)