SUYANTI AND ANOTHER v. ABU B. BIN WAHAB, ESQ, TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE [Decision on Leave Application]

SUYANTI AND ANOTHER v. ABU B. BIN WAHAB, ESQ, TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE [Decision on Leave Application]

Because the applicants were removed from Hong Kong and repatriated, their non-refoulement claim was treated as withdrawn under s37ZF(1) of the Immigration Ordinance; consequently the court dismissed the application for leave to apply for judicial review as academic and no longer live.

Citation
[2023] HKCFI 2895
Parties
1st Applicant: Suyanti; 2nd Applicant: Suyanti Grace Amponsah; 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
8 November 2023
Case Number
HCAL132/2017
Procedural Posture
Application for Leave to Apply for Judicial Review (non Refoulement/torture Claim) / Leave Application Decision on Leave
Outcome
Leave to apply for judicial review dismissed.
Legal Topics
Non Refoulement, Torture Risk, HKBOR Article 2 (right to Life), HKBOR Article 3 (torture/cruel Treatment), Persecution Under Refugee Convention, Judicial Review Leave Stage, Withdrawal of Claim Under S37 Zf(1)
Source Language
EN
Immigration Law Constitutional Law Human Rights Law Administrative Law Refugee Law Non Refoulement Torture Risk HKBOR Article 2 (right to Life) +4 more

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Parties

Suyanti

1st Applicant

Suyanti Grace Amponsah

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 (non Refoulement/torture Claim) / Leave Application Decision on Leave

Legal Issues

  1. 1 Whether the adjudicator committed procedural impropriety by failing to take into account relevant and up-to-date country of origin information (COI)
  2. 2 Whether the adjudicator acted irrationally or cherry-picked COI and failed to evaluate state protection
  3. 3 Whether the adjudicator applied an incorrect standard of proof

Ratio Decidendi

Because the applicants were removed from Hong Kong and repatriated, their non-refoulement claim was treated as withdrawn under s37ZF(1) of the Immigration Ordinance; consequently the court dismissed the application for leave to apply for judicial review as academic and no longer live.

Court Disposition

Leave to apply for judicial review dismissed.

Orders

  • Leave application dismissed as the non-refoulement claim was treated as withdrawn pursuant to section 37ZF(1) of the Immigration Ordinance due to the applicants' departure from Hong Kong.