INDAH DWI LESTARI v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

INDAH DWI LESTARI v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

Leave to apply for judicial review was refused because the applicant failed to identify any reasonably arguable error of law or procedural unfairness in the Director's or the Board's findings; both bodies reasonably concluded there was no real and substantial risk from the maternal uncle, that state protection and internal relocation were available, and therefore no prospect of success on judicial review.

Citation
[2020] HKCFI 2145
Parties
Applicant: Indah Dwi Lestari; Putative Respondent: Torture Claims Appeal Board; Putative Interested Party: Director of Immigration
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
31 August 2020
Case Number
HCAL792/2018
Procedural Posture
Application for Leave to Apply for Judicial Review / Leave Application Refused
Outcome
Leave to apply for judicial review refused.
Legal Topics
Non Refoulement, Torture, Internal Relocation, Judicial Review Leave
Source Language
EN
Constitutional and Administrative Law Immigration Law Human Rights Law Non Refoulement Torture Internal Relocation Judicial Review Leave

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Parties

Indah Dwi Lestari

Applicant

Torture Claims Appeal Board

Putative Respondent

Director of Immigration

Putative Interested Party

Procedural Posture

Application for Leave to Apply for Judicial Review / Leave Application Refused

Legal Issues

  1. 1 Whether there was a real and substantial risk of harm or death from the maternal uncle amounting to torture or breach of BOR Articles 2 or 3 or persecution under Article 33 of the 1951 Refugee Convention
  2. 2 Whether state protection and internal relocation in Indonesia were available and reasonable
  3. 3 Whether the Director and the Torture Claims Appeal Board made any error of law, procedural unfairness or irrationality such that judicial review is arguable

Ratio Decidendi

Leave to apply for judicial review was refused because the applicant failed to identify any reasonably arguable error of law or procedural unfairness in the Director's or the Board's findings; both bodies reasonably concluded there was no real and substantial risk from the maternal uncle, that state protection and internal relocation were available, and therefore no prospect of success on judicial review.

Court Disposition

Leave to apply for judicial review refused.

Orders

  • Leave to apply for judicial review refused.