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

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

Leave was refused because the applicants failed to demonstrate any realistic prospect of success: the Board made adverse credibility findings and separately considered the children’s circumstances and country information, reasonably concluding there was no real chance of harm warranting non‑refoulement protection; there was no basis for supervisory intervention at the leave stage.

Citation
[2024] HKCFI 793
Parties
1st Applicant / Guardian Ad Litem: Arina Susilawati; 2nd Applicant (minor): Sheikh Ismail Ali; 3rd Applicant (minor): Sheikh Dameer Ali; 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
9 July 2024
Case Number
HCAL1166/2019
Procedural Posture
Application for Leave to Apply for Judicial Review (immigration/non Refoulement) / Leave Application Determined on Papers; Leave Refused
Outcome
Leave to apply for judicial review refused; joint application dismissed
Legal Topics
Non Refoulement, Risk of Torture, Hong Kong Bill of Rights Articles 2 and 3, Credibility Findings, Best Interests of Children, Judicial Review – Leave Stage
Source Language
EN
Constitutional Law Administrative Law Immigration Law Human Rights Law Refugee Law Non Refoulement Risk of Torture Hong Kong Bill of Rights Articles 2 and 3 +3 more

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Parties

Arina Susilawati

1st Applicant / Guardian Ad Litem

Sheikh Ismail Ali

2nd Applicant (minor)

Sheikh Dameer Ali

3rd Applicant (minor)

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 (immigration/non Refoulement) / Leave Application Determined on Papers; Leave Refused

Legal Issues

  1. 1 Whether the applicants have a realistic prospect of success on judicial review of the Board's decisions
  2. 2 Whether the Board misapplied or failed to consider relevant legal standards on torture/non-refoulement and rights under the HKBOR
  3. 3 Whether the Board's adverse credibility findings and factual conclusions were amenable to supervisory review at the leave stage

Ratio Decidendi

Leave was refused because the applicants failed to demonstrate any realistic prospect of success: the Board made adverse credibility findings and separately considered the children’s circumstances and country information, reasonably concluding there was no real chance of harm warranting non‑refoulement protection; there was no basis for supervisory intervention at the leave stage.

Court Disposition

Leave to apply for judicial review refused; joint application dismissed

Orders

  • Leave to apply for judicial review refused
  • Joint application dismissed