MUNAWAROH AND OTHERS v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE [Decision on Leave Application]

MUNAWAROH AND OTHERS v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE [Decision on Leave Application]

The applicants failed to demonstrate realistic prospects of success because the Board adequately considered both family and individual child-specific circumstances, the applicants produced no specific evidence to establish child-specific psychological or emotional harm meeting the high threshold for proscribed harm, and general assertions or COI without particulars cannot sustain a judicial review; therefore leave is refused.

Citation
[2024] HKCFI 331
Parties
1st Applicant: Munawaroh; 1st Applicant / 2nd Applicant: Shahul Hameed Beer Mohamed; 3rd Applicant: Julia Safira; 4th Applicant: Munawaroh Sahira; 5th Applicant: Munawaroh Safina; 6th Applicant: Shahul Hameed Sal Sabilla; 2nd Applicant (hcal 1007): Shahul Hameed Sal Shahana; 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
23 February 2024
Case Number
HCAL946/2019
Procedural Posture
Judicial Review — Leave Application (consolidated HCAL 946/2019 and HCAL 1007/2019) / Decision on Leave Application — Leave Refused and Application Dismissed
Outcome
Leave to apply for judicial review refused; application dismissed
Legal Topics
Non Refoulement, Torture Claims, Leave to Apply for Judicial Review, Procedural Fairness, Internal Relocation, Child Specific Risk Assessment
Source Language
EN
Constitutional and Administrative Law Immigration Law Human Rights Law Refoulement Law Non Refoulement Torture Claims Leave to Apply for Judicial Review Procedural Fairness +2 more

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Parties

Munawaroh

1st Applicant

Shahul Hameed Beer Mohamed

1st Applicant / 2nd Applicant

Julia Safira

3rd Applicant

Munawaroh Sahira

4th Applicant

Munawaroh Safina

5th Applicant

Shahul Hameed Sal Sabilla

6th Applicant

Shahul Hameed Sal Shahana

2nd Applicant (hcal 1007)

Torture Claims Appeal Board/Non-refoulement Claims Petition Office

Putative Respondent

Director of Immigration

Putative Interested Party

Procedural Posture

Judicial Review — Leave Application (consolidated HCAL 946/2019 and HCAL 1007/2019) / Decision on Leave Application — Leave Refused and Application Dismissed

Legal Issues

  1. 1 Whether the Board inadequately considered individual child-specific circumstances
  2. 2 Whether procedural unfairness arose from lack of legal representation for the minors
  3. 3 Whether the minors’ claims adversely affected the parents’ claims and required separate consideration

Ratio Decidendi

The applicants failed to demonstrate realistic prospects of success because the Board adequately considered both family and individual child-specific circumstances, the applicants produced no specific evidence to establish child-specific psychological or emotional harm meeting the high threshold for proscribed harm, and general assertions or COI without particulars cannot sustain a judicial review; therefore leave is refused.

Court Disposition

Leave to apply for judicial review refused; application dismissed

Orders

  • Leave to apply for Judicial Review be refused
  • The applicants' application is dismissed with no order as to costs