BINTI SUWARDI IDA PURWATI AND OTHERS v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

BINTI SUWARDI IDA PURWATI AND OTHERS v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

Leave refused for the 1st applicant because she failed to particularise arguable grounds and her claims were found lacking in credibility such that any review would not succeed; leave granted for the 2nd applicant because there are reasonably arguable grounds (child‑specific assessment, possible irrationality in Board's treatment of discrimination and internal relocation, and absence of legal representation) meriting judicial review.

Citation
[2026] HKCFI 115
Parties
1st Applicant: Binti Suwardi Ida Purwati; 2nd Applicant: Ripon Naylaa Aisha Rahim by Binti Suwardi Ida Purwati, her next friend; Putative Respondent: Torture Claims Appeal Board; Putative Interested Party: Director of Immigration
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
7 January 2026
Case Number
HCAL588/2020
Procedural Posture
Application for Leave to Apply for Judicial Review / Decision on Leave Application
Outcome
1st applicant's leave application dismissed; 2nd applicant's leave application granted
Legal Topics
Non Refoulement, Torture Risk, Internal Relocation, Procedural Fairness, Child Representation, Judicial Review Leave
Source Language
EN
Constitutional and Administrative Law Immigration Law Human Rights Law Refugee and Asylum Law Non Refoulement Torture Risk Internal Relocation Procedural Fairness +2 more

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Parties

Binti Suwardi Ida Purwati

1st Applicant

Ripon Naylaa Aisha Rahim by Binti Suwardi Ida Purwati, her next friend

2nd Applicant

Torture Claims Appeal Board

Putative Respondent

Director of Immigration

Putative Interested Party

Procedural Posture

Application for Leave to Apply for Judicial Review / Decision on Leave Application

Legal Issues

  1. 1 Whether leave to apply for judicial review should be granted to the 2nd applicant (minor)
  2. 2 Whether the 1st applicant has any reasonably arguable ground for review
  3. 3 Whether lack of legal representation for a child claimant rendered the Board proceedings unfair

Ratio Decidendi

Leave refused for the 1st applicant because she failed to particularise arguable grounds and her claims were found lacking in credibility such that any review would not succeed; leave granted for the 2nd applicant because there are reasonably arguable grounds (child‑specific assessment, possible irrationality in Board's treatment of discrimination and internal relocation, and absence of legal representation) meriting judicial review.

Court Disposition

1st applicant's leave application dismissed; 2nd applicant's leave application granted

Orders

  • Amend the 1st applicant's name to "Binti Suwardi Ida Purwati" and the 2nd applicant's name to "Ripon Naylaa Aisha Rahim by Binti Suwardi Ida Purwati, her next friend"
  • Amend the putative respondent to "Torture Claims Appeal Board" and add "Director of Immigration" as putative interested party