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

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

Leave to apply for judicial review was refused because the Board correctly set out and applied the law, accepted the core factual account, reasonably found no substantial grounds that the applicants face real risks of torture, CIDT or persecution on return to Indonesia, and reasonably concluded that state protection and internal relocation were available; the Decision was not legally flawed, procedurally unfair or irrational and the proposed judicial review had no realistic prospect of success.

Citation
[2022] HKCFI 1125
Parties
1st Applicant: SUGIARTI YAYUK; 2nd Applicant: SUGIARTI MA ABDUL RAHMAN; 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
21 April 2022
Case Number
HCAL263/2019
Procedural Posture
Application for Leave to Apply for Judicial Review / Decision on Leave Application (refused)
Outcome
Court granted amendment to add 2nd Applicant but refused leave to apply for judicial review
Legal Topics
Non Refoulement, Torture Risk, Persecution, Hong Kong Bill of Rights, Convention Against Torture, Unified Screening Mechanism, State Protection, Internal Relocation, Judicial Review, Wednesbury Unreasonableness
Source Language
EN
Immigration Law Administrative Law Constitutional Law Refugee and Non Refoulement Law Human Rights Law Non Refoulement Torture Risk Persecution +7 more

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Parties

SUGIARTI YAYUK

1st Applicant

SUGIARTI MA ABDUL RAHMAN

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 / Decision on Leave Application (refused)

Legal Issues

  1. 1 Whether leave to apply for judicial review should be granted
  2. 2 Whether the Board erred in law or was irrational in finding no substantial grounds for non-refoulement protection
  3. 3 Whether the applicants face a real 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 Board correctly set out and applied the law, accepted the core factual account, reasonably found no substantial grounds that the applicants face real risks of torture, CIDT or persecution on return to Indonesia, and reasonably concluded that state protection and internal relocation were available; the Decision was not legally flawed, procedurally unfair or irrational and the proposed judicial review had no realistic prospect of success.

Court Disposition

Court granted amendment to add 2nd Applicant but refused leave to apply for judicial review

Orders

  • Application amended to name SUGIARTI YAYUK as 1st Applicant and to add SUGIARTI MA ABDUL RAHMAN as 2nd Applicant
  • Application for leave to apply for judicial review refused