KIKI RIZKI ANANDA v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

KIKI RIZKI ANANDA v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

Leave refused because the Applicant failed to identify any reasonably arguable legal error, irrationality or procedural unfairness in the Director's and Board's findings that the risk was localized, threats were not shown to be capable of causing death or serious harm, and effective state protection and reasonable...

Source-derived case information.

Citation
[2025] HKCFI 1215
Parties
Applicant: Kiki Rizki Ananda; Putative Respondent: Torture Claims Appeal Board; Putative Interested Party: Director of Immigration
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
8 April 2025
Case Number
HCAL557/2022
Procedural Posture
Application for Leave to Apply for Judicial Review / Leave Application Refused (dismissed)
Outcome
Application for leave to apply for judicial review dismissed.
Legal Topics
Non Refoulement, Torture Risk, HKBOR Article 2 Right to Life, HKBOR Article 3 Prohibition of Torture, Internal Relocation, State Protection, Judicial Review Leave Threshold, Standard of Review
Source Language
en
Constitutional Law Administrative Law Immigration Law Human Rights Law Refugee/asylum Law Non Refoulement Torture Risk HKBOR Article 2 Right to Life +5 more

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Parties

Kiki Rizki Ananda

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 (dismissed)

Legal Issues

  1. 1 Whether applicant faces substantial grounds for believing risk of death or serious harm from a private actor (former boyfriend)
  2. 2 Whether effective state protection is available in the country of return
  3. 3 Whether internal relocation within Indonesia is reasonable and effective

Ratio Decidendi

Leave refused because the Applicant failed to identify any reasonably arguable legal error, irrationality or procedural unfairness in the Director's and Board's findings that the risk was localized, threats were not shown to be capable of causing death or serious harm, and effective state protection and reasonable internal relocation within Indonesia were available; judicial review cannot be used to rehear the factual risk assessment.

Court Disposition

Application for leave to apply for judicial review dismissed.

Orders

  • Leave to apply for judicial review refused
  • Director of Immigration requested to use best endeavours to forward a copy of this decision and the sealed order to the Applicant in Indonesia