PELAMBOYAN NUNUNG DEWI AND ANOTHER v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

PELAMBOYAN NUNUNG DEWI AND ANOTHER v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

Leave refused because Applicants failed to identify any reasonably arguable error of law, irrationality or procedural unfairness in the Director's and Board's decisions; evidence supported the conclusion that risk was localized and low, state protection and internal relocation were available, and the Board adequately considered the minor's claim with legal representation, so judicial review was inappropriate.

Citation
[2025] HKCFI 212
Parties
1st Applicant: Pelamboyan Nunung Dewi; 2nd Applicant: Hidayat Keyyisa Okta; Putative Respondent: Torture Claims Appeal Board; Putative Interested Party: Director of Immigration
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
21 January 2025
Case Number
HCAL1376/2023
Procedural Posture
Judicial Review (leave Application) / Leave Decision
Outcome
Application for leave to apply for judicial review dismissed
Legal Topics
Non Refoulement, Risk of Torture, Hong Kong Bill of Rights (articles 2 and 3), Persecution (refugee Convention Article 33), Internal Relocation, Procedural Fairness, Representation of Minors
Source Language
EN
Constitutional Law Administrative Law Immigration Law Human Rights Law Non Refoulement Risk of Torture Hong Kong Bill of Rights (articles 2 and 3) Persecution (refugee Convention Article 33) +3 more

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Parties

Pelamboyan Nunung Dewi

1st Applicant

Hidayat Keyyisa Okta

2nd Applicant

Torture Claims Appeal Board

Putative Respondent

Director of Immigration

Putative Interested Party

Procedural Posture

Judicial Review (leave Application) / Leave Decision

Legal Issues

  1. 1 Whether leave to apply for judicial review should be granted
  2. 2 Whether the Director of Immigration and the Torture Claims Appeal Board erred in law or acted irrationally in assessing the Applicants' risk of harm
  3. 3 Whether the Applicants could avail themselves of state protection or internal relocation

Ratio Decidendi

Leave refused because Applicants failed to identify any reasonably arguable error of law, irrationality or procedural unfairness in the Director's and Board's decisions; evidence supported the conclusion that risk was localized and low, state protection and internal relocation were available, and the Board adequately considered the minor's claim with legal representation, so judicial review was inappropriate.

Court Disposition

Application for leave to apply for judicial review dismissed

Orders

  • The 1st and 2nd Applicants’ application for leave to apply for judicial review be dismissed.
  • A request be made to the Director of Immigration to use his best endeavour to forward a copy of this decision together with the sealed order to the Applicants in Indonesia.