DARMI v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

DARMI v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

Applicant failed to identify any reasonably arguable legal error, irrationality or procedural unfairness in the Director's or the Board's decisions; both bodies found the risk localized and low, that state protection and reasonable internal relocation in Indonesia were available, and therefore there was no prospect of success on judicial review; leave is refused.

Citation
[2024] HKCFI 2779
Parties
Applicant: Darmi; Putative Respondent: Torture Claims Appeal Board; Putative Interested Party: Director of Immigration
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
10 October 2024
Case Number
HCAL1407/2024
Procedural Posture
Judicial Review (non Refoulement) / Leave Application (refused)
Outcome
Leave to apply for judicial review refused.
Legal Topics
Non Refoulement, Torture Risk, Internal Relocation, Judicial Review Leave, Procedural Fairness
Source Language
EN
Immigration Law Constitutional Law Administrative Law Human Rights Law Non Refoulement Torture Risk Internal Relocation Judicial Review Leave +1 more

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Parties

Darmi

Applicant

Torture Claims Appeal Board

Putative Respondent

Director of Immigration

Putative Interested Party

Procedural Posture

Judicial Review (non Refoulement) / Leave Application (refused)

Legal Issues

  1. 1 Whether applicant faces a real risk of torture or death on return to Indonesia
  2. 2 Whether state protection or reasonable internal relocation within Indonesia is available
  3. 3 Whether the Director and the Board made errors of law, acted irrationally or committed procedural unfairness

Ratio Decidendi

Applicant failed to identify any reasonably arguable legal error, irrationality or procedural unfairness in the Director's or the Board's decisions; both bodies found the risk localized and low, that state protection and reasonable internal relocation in Indonesia were available, and therefore there was no prospect of success on judicial review; leave is refused.

Court Disposition

Leave to apply for judicial review refused.

Orders

  • Leave to apply for judicial review refused.