RAHMAWATI DIAH AND ANOTHER v. TORTURE CLAIMS APPEAL BOARD NON-REFOULEMENT CLAIMS PETITION OFFICE [Decision on Leave Application]

RAHMAWATI DIAH 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 Board made reasoned, fact-specific findings on credibility, risk, state protection and internal relocation which were not legally flawed, procedurally unfair or irrational, and the minor’s claim had been separately and adequately considered so there was no arguable public law ground and no prospect of success.

Citation
[2021] HKCFI 757
Parties
1st Applicant: Rahmawati Diah; 2nd Applicant (minor): Binyameen Muhammad Muheeb; 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
30 March 2021
Case Number
HCAL1533/2018
Procedural Posture
Leave to Apply for Judicial Review of Non Refoulement Decision / Application for Leave Refused (considered on Papers)
Outcome
Leave to apply for judicial review refused for both applicants
Legal Topics
Non Refoulement, Torture Risk, State Protection, Internal Relocation, Leave to Apply for Judicial Review, Credibility Assessment, Minor Specific Protection
Source Language
EN
Administrative Law Immigration Law Constitutional Law Human Rights Law Non Refoulement Torture Risk State Protection Internal Relocation +3 more

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Parties

Rahmawati Diah

1st Applicant

Binyameen Muhammad Muheeb

2nd Applicant (minor)

Torture Claims Appeal Board/Non-refoulement Claims Petition Office

Putative Respondent

Director of Immigration

Putative Interested Party

Procedural Posture

Leave to Apply for Judicial Review of Non Refoulement Decision / Application for Leave Refused (considered on Papers)

Legal Issues

  1. 1 Whether the Board erred in law or committed procedural unfairness in rejecting non-refoulement claims
  2. 2 Whether the Board’s factual findings on credibility and risk were irrational
  3. 3 Whether child’s claim was considered separately and fairly given lack of legal representation

Ratio Decidendi

Leave to apply for judicial review was refused because the Board made reasoned, fact-specific findings on credibility, risk, state protection and internal relocation which were not legally flawed, procedurally unfair or irrational, and the minor’s claim had been separately and adequately considered so there was no arguable public law ground and no prospect of success.

Court Disposition

Leave to apply for judicial review refused for both applicants

Orders

  • Leave to apply for judicial review refused
  • Applications for leave dismissed