TUMINI NEVIA SARI AND ANOTHER v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

TUMINI NEVIA SARI AND ANOTHER v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

The Board and the Director lawfully assessed the claims, correctly found the risk localized and mitigable by state protection or reasonable internal relocation, and committed no legal error or procedural unfairness; therefore there was no reasonably arguable basis for judicial review and leave was refused.

Citation
[2020] HKCFI 2514
Parties
1st Applicant: Tumini Nevia Sari; 2nd Applicant (hcal 2627/2018): Iqbal Muhammad Hamza; 2nd Applicant (hcal 582/2020): Iqbal Malaika Arsyla Azkayra; Putative Respondent: Torture Claims Appeal Board; Putative Interested Party: Director of Immigration
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
23 September 2020
Case Number
HCAL582/2020
Procedural Posture
Application for Leave to Apply for Judicial Review (non Refoulement/torture Claim) / Leave Application Refused After Consideration of Documents and Oral Submissions
Outcome
Leave to apply for judicial review refused.
Legal Topics
Non Refoulement, Torture Risk, Article 2 Right to Life, Article 3 Prohibition of Torture and CIDTP, Internal Relocation, Standard of Review in Judicial Review, Procedural Fairness, Leave to Apply for Judicial Review
Source Language
EN
Administrative Law Immigration Law Constitutional Law Human Rights Law Non Refoulement Torture Risk Article 2 Right to Life Article 3 Prohibition of Torture and CIDTP +4 more

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Parties

Tumini Nevia Sari

1st Applicant

Iqbal Muhammad Hamza

2nd Applicant (hcal 2627/2018)

Iqbal Malaika Arsyla Azkayra

2nd Applicant (hcal 582/2020)

Torture Claims Appeal Board

Putative Respondent

Director of Immigration

Putative Interested Party

Procedural Posture

Application for Leave to Apply for Judicial Review (non Refoulement/torture Claim) / Leave Application Refused After Consideration of Documents and Oral Submissions

Legal Issues

  1. 1 Whether the applicants face a real risk of torture or other serious harm on return to Indonesia
  2. 2 Whether effective state/police protection is available in Indonesia
  3. 3 Whether internal relocation within Indonesia is reasonable and would avoid risk

Ratio Decidendi

The Board and the Director lawfully assessed the claims, correctly found the risk localized and mitigable by state protection or reasonable internal relocation, and committed no legal error or procedural unfairness; therefore there was no reasonably arguable basis for judicial review and leave was refused.

Court Disposition

Leave to apply for judicial review refused.

Orders

  • Leave to apply for judicial review refused by Deputy High Court Judge Bruno Chan dated 25 September 2020
  • Applications consolidated pursuant to the Order of Deputy High Court Judge Bruno Chan dated 8 September 2020