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

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

Leave was refused because the Adjudicator's decision was supported by adequate reasons, was not Wednesbury unreasonable, involved no error of law or procedural unfairness, the Applicants had reasonable opportunities and assistance to present their case, and the complaints were not reasonably arguable or had no realistic prospect of success.

Citation
[2019] HKCFI 980
Parties
1st Applicant: Dewi Anggraeni; 2nd Applicant: Dewi-Anggraeni Aisha (a minor); 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
30 April 2019
Case Number
HCAL752/2018
Procedural Posture
Application for Leave to Apply for Judicial Review / Leave Application (refused)
Outcome
Leave to apply for judicial review refused.
Legal Topics
Non Refoulement, Torture, Persecution, State Protection, Internal Relocation, Procedural Fairness, Leave to Apply for Judicial Review, Language and Interpretation Assistance, Legal Representation
Source Language
EN
Constitutional and Administrative Law Immigration Human Rights Refugee and Asylum Law Non Refoulement Torture Persecution State Protection +5 more

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Parties

Dewi Anggraeni

1st Applicant

Dewi-Anggraeni Aisha (a minor)

2nd Applicant

Torture Claims Appeal Board/Non-refoulement Claims Petition Office

1st Putative Respondent

Director of Immigration

2nd Putative Respondent

Procedural Posture

Application for Leave to Apply for Judicial Review / Leave Application (refused)

Legal Issues

  1. 1 Whether the Board's decision was susceptible to judicial review at the leave stage
  2. 2 Whether procedural fairness was breached by lack of legal advice or translation/interpretation assistance
  3. 3 Whether the Adjudicator erred in assessing country-of-origin information and availability of state protection/internal relocation

Ratio Decidendi

Leave was refused because the Adjudicator's decision was supported by adequate reasons, was not Wednesbury unreasonable, involved no error of law or procedural unfairness, the Applicants had reasonable opportunities and assistance to present their case, and the complaints were not reasonably arguable or had no realistic prospect of success.

Court Disposition

Leave to apply for judicial review refused.

Orders

  • Leave to apply for judicial review be refused.