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

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

Leave was refused because the applicant failed to identify any reasonably arguable error of law, irrationality or procedural unfairness in the Director's or Board's decisions; adverse credibility findings and the availability of internal relocation meant there was no realistic prospect of establishing entitlement to non-refoulement protection.

Citation
[2024] HKCFI 3558
Parties
Applicant: Diah Rindiani; Putative Respondent: Torture Claims Appeal Board; Putative Interested Party: Director of Immigration
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
19 December 2024
Case Number
HCAL1095/2023
Procedural Posture
Judicial Review Leave Application / Decision on Leave (dismissed)
Outcome
Application for leave to apply for judicial review dismissed
Legal Topics
Non Refoulement, Torture Risk, Credibility Assessment, Internal Relocation, Leave to Apply for Judicial Review
Source Language
EN
Administrative Law Constitutional Law Immigration Law Human Rights Law Non Refoulement Torture Risk Credibility Assessment Internal Relocation +1 more

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Parties

Diah Rindiani

Applicant

Torture Claims Appeal Board

Putative Respondent

Director of Immigration

Putative Interested Party

Procedural Posture

Judicial Review Leave Application / Decision on Leave (dismissed)

Legal Issues

  1. 1 Whether the Board and Director erred in law or acted irrationally in rejecting the applicant's non-refoulement claim
  2. 2 Whether procedural unfairness occurred in the screening or appeal process
  3. 3 Whether the applicant faced a real risk of torture, death or other serious harm from private actors on return to Indonesia

Ratio Decidendi

Leave was refused because the applicant failed to identify any reasonably arguable error of law, irrationality or procedural unfairness in the Director's or Board's decisions; adverse credibility findings and the availability of internal relocation meant there was no realistic prospect of establishing entitlement to non-refoulement protection.

Court Disposition

Application for leave to apply for judicial review dismissed

Orders

  • The application for leave to apply for judicial review is dismissed.