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

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

The court dismissed the leave applications because the applicants failed to identify any arguable error of law, procedural unfairness or irrationality in the Board's Decision; the Board lawfully made credibility and factual findings, properly considered each applicant (including the minor) and applied relevant legal principles, and therefore the 2nd Leave Application was not reasonably arguable; the applicants were permitted to withdraw the 1st and 2nd Leave Applications and those applications were dismissed.

Citation
[2025] HKCFI 525
Parties
1st Applicant: Agus Mujiati; 2nd Applicant: Agus Mujiati Jezzie Laura Ashary; 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
7 February 2025
Case Number
HCAL651/2023
Procedural Posture
Application for Leave to Apply for Judicial Review (non Refoulement) / Notification of Judge's Decision — Leave Dismissed and Applications Withdrawn
Outcome
2nd Leave Application dismissed; 1st and 2nd Leave Applications withdrawn and dismissed
Legal Topics
Non Refoulement, Leave to Apply for Judicial Review, Credibility Findings, State Protection, Internal Relocation, Procedural Fairness, Wednesbury Unreasonableness, Judicial Review Involving Minors, Withdrawal of Proceedings
Source Language
EN
Immigration Law Administrative Law Constitutional Law Human Rights Law Refugee Law Child Law Non Refoulement Leave to Apply for Judicial Review +7 more

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Parties

Agus Mujiati

1st Applicant

Agus Mujiati Jezzie Laura Ashary

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to Apply for Judicial Review (non Refoulement) / Notification of Judge's Decision — Leave Dismissed and Applications Withdrawn

Legal Issues

  1. 1 Whether the applicants established arguable legal errors by the Board to justify leave to apply for judicial review
  2. 2 Whether the Board committed procedural unfairness or acted Wednesbury unreasonably in dismissing non-refoulement claims
  3. 3 Whether the Board failed to consider the minor applicant's claim separately and adequately

Ratio Decidendi

The court dismissed the leave applications because the applicants failed to identify any arguable error of law, procedural unfairness or irrationality in the Board's Decision; the Board lawfully made credibility and factual findings, properly considered each applicant (including the minor) and applied relevant legal principles, and therefore the 2nd Leave Application was not reasonably arguable; the applicants were permitted to withdraw the 1st and 2nd Leave Applications and those applications were dismissed.

Court Disposition

2nd Leave Application dismissed; 1st and 2nd Leave Applications withdrawn and dismissed

Orders

  • Form 86 to be amended on the court's own motion to name the Board as proposed respondent and the Director as proposed interested party
  • The 2nd Leave Application for each applicant is dismissed for being not reasonably arguable