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

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

Leave to apply for judicial review was dismissed because the applicant failed to identify any reasonably arguable error of law, irrationality or procedural unfairness in the Board's decision; the Board's adverse credibility finding was supported by its detailed reasons after oral evidence, and objective country information supported availability of state protection and internal relocation, so there was no prospect of success.

Citation
[2021] HKCFI 2855
Parties
Applicant: Lasini; Putative Respondent: Torture Claims Appeal Board; Putative Interested Party: Director of Immigration
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
23 September 2021
Case Number
HCAL800/2021
Procedural Posture
Application for Leave to Apply for Judicial Review / Decision on Leave Application
Outcome
Leave application dismissed
Legal Topics
Non Refoulement, Asylum, Torture Risk, Credibility Findings, Internal Relocation, Procedural Fairness, Leave to Apply for Judicial Review
Source Language
EN
Constitutional Law Administrative Law Immigration Law Human Rights Law Non Refoulement Asylum Torture Risk Credibility Findings +3 more

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Parties

Lasini

Applicant

Torture Claims Appeal Board

Putative Respondent

Director of Immigration

Putative Interested Party

Procedural Posture

Application for Leave to Apply for Judicial Review / Decision on Leave Application

Legal Issues

  1. 1 Whether there were reasonably arguable grounds to bring judicial review of the Board's decision
  2. 2 Whether the Board erred in law, acted irrationally or procedurally unfairly in rejecting the non-refoulement claim
  3. 3 Whether the applicant faced real risk of torture, inhuman treatment, or persecution on return to Indonesia

Ratio Decidendi

Leave to apply for judicial review was dismissed because the applicant failed to identify any reasonably arguable error of law, irrationality or procedural unfairness in the Board's decision; the Board's adverse credibility finding was supported by its detailed reasons after oral evidence, and objective country information supported availability of state protection and internal relocation, so there was no prospect of success.

Court Disposition

Leave application dismissed

Orders

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