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

ANI NUR AINIAH 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 applicant failed to identify any reasonably arguable error of law, procedural unfairness or irrationality in the Board's 2020 decision; the Board and Director reasonably and lawfully assessed credibility, country information, availability of state protection and internal relocation, and their factual findings were within the Board's province and satisfied the enhanced Wednesbury standard, so the proposed judicial review had no realistic prospect of success.

Citation
[2024] HKCFI 2292
Parties
1st Applicant (acting on Behalf of A2): Ani Nur Ainiah; 2nd Applicant (child A2): Binod Hardika Vallen; 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 August 2024
Case Number
HCAL1192/2020
Procedural Posture
Judicial Review Application for Leave to Apply for Judicial Review of Board Decision Under USM / Leave Application Refused (notification of Decision)
Outcome
Leave to apply for judicial review refused; application dismissed.
Legal Topics
Non Refoulement, Torture, Refugee Law, Judicial Review, Internal Relocation, State Protection, Standard of Review
Source Language
EN
Immigration Law Administrative Law Constitutional Law Human Rights Law Non Refoulement Torture Refugee Law Judicial Review +3 more

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Parties

Ani Nur Ainiah

1st Applicant (acting on Behalf of A2)

Binod Hardika Vallen

2nd Applicant (child A2)

Torture Claims Appeal Board/Non-refoulement Claims Petition Office

Putative Respondent

Director of Immigration

Putative Interested Party

Procedural Posture

Judicial Review Application for Leave to Apply for Judicial Review of Board Decision Under USM / Leave Application Refused (notification of Decision)

Legal Issues

  1. 1 Whether A2 is entitled to non-refoulement protection under the Unified Screening Mechanism on grounds of torture, BOR Article 2 (right to life), BOR Article 3 and persecution
  2. 2 Whether the Board and Director erred in law, acted irrationally or procedurally unfairly in rejecting the A2 claim
  3. 3 Whether alleged threats were reliable and attributable to state or persons acting in official capacity

Ratio Decidendi

Leave to apply for judicial review was refused because the applicant failed to identify any reasonably arguable error of law, procedural unfairness or irrationality in the Board's 2020 decision; the Board and Director reasonably and lawfully assessed credibility, country information, availability of state protection and internal relocation, and their factual findings were within the Board's province and satisfied the enhanced Wednesbury standard, so the proposed judicial review had no realistic prospect of success.

Court Disposition

Leave to apply for judicial review refused; application dismissed.

Orders

  • Leave to apply for judicial review refused.
  • Application dismissed.