RINA MULYANI AND ANOTHER v. TORTURE CLAIMS APPEAL BOARD AND ANOTHER [Decision on Leave Application]

RINA MULYANI AND ANOTHER v. TORTURE CLAIMS APPEAL BOARD AND ANOTHER [Decision on Leave Application]

Because the Applicants were more than five months out of time without adequate explanation, and because no reasonably arguable legal error or procedural unfairness was identified in the Director's or Board's decisions (which reasonably found lack of real risk, significant credibility problems and availability of internal relocation), there was no prospect of success and the court refused to extend time and dismissed the leave application.

Citation
[2020] HKCFI 2140
Parties
1st Applicant: Rina Mulyani; 2nd Applicant: Andry Weliyanto Adrian Gavin Owen; 1st Putative Respondent: Torture Claims Appeal Board; 2nd Putative Respondent: Director of Immigration
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
31 August 2020
Case Number
HCAL654/2018
Procedural Posture
Application for Leave to Apply for Judicial Review / Leave Application Dismissed and Extension of Time Refused
Outcome
Extension of time refused; application for leave to apply for judicial review dismissed.
Legal Topics
Non Refoulement, Torture/article 3 HKBOR, Right to Life/article 2 HKBOR, Extension of Time for Judicial Review, Credibility Findings, Internal Relocation, Standard of Review for Non Refoulement Claims
Source Language
EN
Constitutional Law Administrative Law Immigration Law Human Rights Law Non Refoulement Torture/article 3 HKBOR Right to Life/article 2 HKBOR Extension of Time for Judicial Review +3 more

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Parties

Rina Mulyani

1st Applicant

Andry Weliyanto Adrian Gavin Owen

2nd Applicant

Torture Claims Appeal Board

1st Putative Respondent

Director of Immigration

2nd Putative Respondent

Procedural Posture

Application for Leave to Apply for Judicial Review / Leave Application Dismissed and Extension of Time Refused

Legal Issues

  1. 1 Whether to extend time for filing leave application
  2. 2 Whether the Applicants have an arguable non-refoulement claim (torture/BOR 3/BOR 2/persecution)
  3. 3 Whether the Director and the Board committed legal error or procedural unfairness

Ratio Decidendi

Because the Applicants were more than five months out of time without adequate explanation, and because no reasonably arguable legal error or procedural unfairness was identified in the Director's or Board's decisions (which reasonably found lack of real risk, significant credibility problems and availability of internal relocation), there was no prospect of success and the court refused to extend time and dismissed the leave application.

Court Disposition

Extension of time refused; application for leave to apply for judicial review dismissed.

Orders

  • Extension of time for the application for leave to apply for Judicial Review refused
  • Application for leave to apply for Judicial Review dismissed