DARMINI v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE [Decision on Leave Application]

DARMINI 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 show a realistic prospect of success: the Board's adverse credibility findings and conclusions that risk was low, state protection was available and internal relocation viable were not shown to be vitiated by error of law or procedural unfairness, and the alleged procedural defects were speculative or unsupported.

Citation
[2023] HKCFI 2194
Parties
Applicant: Darmini; 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
29 August 2023
Case Number
HCAL1160/2019
Procedural Posture
Application for Leave to Apply for Judicial Review / Leave Application Refused by Deputy High Court Judge
Outcome
Leave to apply for judicial review refused; application dismissed
Legal Topics
Non Refoulement, Torture (part VIIC Immigration Ordinance), Right to Life (hkbor Article 2), Prohibition of CIDTP (hkbor Article 3), State Protection, Internal Relocation, Procedural Fairness, Interpreter/translation, Legal Representation, Credibility Findings
Source Language
EN
Constitutional Law Administrative Law Immigration Law Human Rights Law Refugee Law Non Refoulement Torture (part VIIC Immigration Ordinance) Right to Life (hkbor Article 2) +7 more

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Parties

Darmini

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 / Leave Application Refused by Deputy High Court Judge

Legal Issues

  1. 1 Whether the Board's decision involved error of law, procedural unfairness or irrationality
  2. 2 Whether applicant faced a real risk of harm from private actor (husband) amounting to torture, CIDTP or persecution
  3. 3 Availability and adequacy of state protection in Indonesia

Ratio Decidendi

Leave to apply for judicial review was refused because the applicant failed to show a realistic prospect of success: the Board's adverse credibility findings and conclusions that risk was low, state protection was available and internal relocation viable were not shown to be vitiated by error of law or procedural unfairness, and the alleged procedural defects were speculative or unsupported.

Court Disposition

Leave to apply for judicial review refused; application dismissed

Orders

  • Leave to apply for judicial review refused
  • Application dismissed