FATHONAH v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE

FATHONAH v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE

Leave to apply for judicial review was refused because the applicant failed to demonstrate any valid ground or realistic prospect of success: the Board's findings that the future risk was low, that state protection was available, and that internal relocation was viable were within the Board's fact-finding province and were not shown to involve error of law, procedural unfairness or irrationality.

Citation
[2025] HKCFI 1488
Parties
Applicant: Fathonah; 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
13 May 2025
Case Number
HCAL2639/2024
Procedural Posture
Judicial Review Leave Application (non Refoulement/torture Claim Appeal) / Leave Application (application for Leave to Apply for Judicial Review)
Outcome
Leave to apply for judicial review refused; application dismissed
Legal Topics
Non Refoulement, Torture Risk (immigration Ordinance Part Viic), Article 2 HKBOR (right to Life), Article 3 HKBOR (cidtp), State Protection, Internal Relocation, Leave to Apply for Judicial Review, Standard of Review, Procedural Fairness
Source Language
EN
Constitutional Law Administrative Law Immigration Law Human Rights Law Refugee Law Non Refoulement Torture Risk (immigration Ordinance Part Viic) Article 2 HKBOR (right to Life) +6 more

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Parties

Fathonah

Applicant

Torture Claims Appeal Board / Non-refoulement Claims Petition Office

Putative Respondent

Director of Immigration

Putative Interested Party

Procedural Posture

Judicial Review Leave Application (non Refoulement/torture Claim Appeal) / Leave Application (application for Leave to Apply for Judicial Review)

Legal Issues

  1. 1 Whether the Board erred in law or acted with procedural unfairness or irrationality in dismissing the applicant's non-refoulement and torture claims
  2. 2 Whether the applicant established substantial grounds to believe she faces torture, death or CIDTP if returned to Indonesia
  3. 3 Whether state protection and internal relocation were reasonably available and viable

Ratio Decidendi

Leave to apply for judicial review was refused because the applicant failed to demonstrate any valid ground or realistic prospect of success: the Board's findings that the future risk was low, that state protection was available, and that internal relocation was viable were within the Board's fact-finding province and were not shown to involve error of law, procedural unfairness or irrationality.

Court Disposition

Leave to apply for judicial review refused; application dismissed

Orders

  • Leave to apply for judicial review refused
  • Application dismissed