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

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

The leave application was dismissed because the applicant failed to identify any arguable error of law, procedural unfairness or irrationality in the TCAB decision, which had comprehensively considered the evidence, applied the correct legal principles and permissibly found state protection and internal relocation...

Source-derived case information.

Citation
[2025] HKCFI 6278
Parties
Applicant: Hartuti; 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
19 December 2025
Case Number
HCAL2322/2020
Procedural Posture
Judicial Review (non Refoulement) / Application for Leave to Apply for Judicial Review (decision)
Outcome
Application for leave to apply for judicial review dismissed.
Legal Topics
Non Refoulement, Judicial Review, Leave to Apply, Procedural Fairness, Standard of Review, State Protection, Internal Relocation
Source Language
en
Constitutional and Administrative Law Immigration Law Human Rights Law Non Refoulement Judicial Review Leave to Apply Procedural Fairness Standard of Review +2 more

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Parties

Hartuti

Applicant

Torture Claims Appeal Board/Non-refoulement Claims Petition Office

Putative Respondent

Director of Immigration

Putative Interested Party

Procedural Posture

Judicial Review (non Refoulement) / Application for Leave to Apply for Judicial Review (decision)

Legal Issues

  1. 1 Whether the TCAB decision contained error of law
  2. 2 Whether there was procedural unfairness in the TCAB process
  3. 3 Whether the TCAB decision was irrational

Ratio Decidendi

The leave application was dismissed because the applicant failed to identify any arguable error of law, procedural unfairness or irrationality in the TCAB decision, which had comprehensively considered the evidence, applied the correct legal principles and permissibly found state protection and internal relocation available; therefore no reasonably arguable case was established.

Court Disposition

Application for leave to apply for judicial review dismissed.

Orders

  • Form 86 be amended to name the Torture Claims Appeal Board/Non-refoulement Claims Petition Office as Putative Respondent and the Director of Immigration as Putative Interested Party.
  • The application for leave to apply for judicial review is dismissed.