IRMAWATI BT ZAKARIA HATTA AND ANOTHER v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE [Decision on Leave Application]

IRMAWATI BT ZAKARIA HATTA AND ANOTHER v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE [Decision on Leave Application]

Leave to apply for judicial review was refused because the applicants failed to present any reasonably arguable grounds of unlawfulness, unreasonableness or procedural unfairness; the Adjudicator's factual findings were open to him and his decision was lawful and reasonable, so there was no realistic prospect of success.

Citation
[2020] HKCFI 1349
Parties
1st Applicant: Irmawati BT Zakaria Hatta; 2nd Applicant: Irmawati BT Zakaria Hatta Hafidz; Putative Respondent: Torture Claims Appeal Board / Non-refoulement Claims Petition Office; Putative Interested Party: Director of Immigration
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
26 June 2020
Case Number
HCAL1662/2018
Procedural Posture
Application for Leave to Apply for Judicial Review / Decision on Leave (consideration on the Papers)
Outcome
Leave to apply for judicial review refused.
Legal Topics
Non Refoulement, Torture, Persecution, Judicial Review, Refugee Status, Burden and Standard of Proof
Source Language
EN
Immigration Law Administrative Law Constitutional Law Human Rights Law Non Refoulement Torture Persecution Judicial Review +2 more

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Parties

Irmawati BT Zakaria Hatta

1st Applicant

Irmawati BT Zakaria Hatta Hafidz

2nd Applicant

Torture Claims Appeal Board / Non-refoulement Claims Petition Office

Putative Respondent

Director of Immigration

Putative Interested Party

Procedural Posture

Application for Leave to Apply for Judicial Review / Decision on Leave (consideration on the Papers)

Legal Issues

  1. 1 Whether applicants established arguable grounds of unlawfulness, unreasonableness or unfairness to obtain leave for judicial review
  2. 2 Whether the Adjudicator erred in law or procedure in dismissing the non-refoulement/torture/persecution claims
  3. 3 Whether the applicants faced a real and personal risk of torture, cruel, inhuman or degrading treatment or persecution on return to Indonesia

Ratio Decidendi

Leave to apply for judicial review was refused because the applicants failed to present any reasonably arguable grounds of unlawfulness, unreasonableness or procedural unfairness; the Adjudicator's factual findings were open to him and his decision was lawful and reasonable, so there was no realistic prospect of success.

Court Disposition

Leave to apply for judicial review refused.

Orders

  • Leave to apply for judicial review refused.