MESTIYAH v. CHOW SIU-HUNG, ESQ. [Decision on Leave Application]

MESTIYAH v. CHOW SIU-HUNG, ESQ. [Decision on Leave Application]

Leave to apply for judicial review was refused because the adjudicator's adverse credibility findings were rational, supported by reasons, and the decision met the enhanced Wednesbury standard; the applicant's grounds were unparticularised and not reasonably arguable and, even if her evidence were accepted, COI showed state protection and no real risk on any applicable ground, so there was no realistic prospect of success.

Citation
[2018] HKCFI 48
Parties
Applicant: Mestiyah; Putative Respondent: CHOW Siu-hung, ESQ.; Putative Interested Party: Director of Immigration
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
26 January 2018
Case Number
HCAL178/2017
Procedural Posture
Application for Leave to Apply for Judicial Review / Leave Stage — Leave Refused on Papers
Outcome
Leave to apply for judicial review refused
Legal Topics
Non Refoulement, Torture/cidtp, Article 2 and 3 Hong Kong Bill of Rights, Credibility Findings, State Protection/due Diligence, Wednesbury Unreasonableness, Leave to Apply for Judicial Review
Source Language
EN
Immigration Law Constitutional Law Administrative Law Human Rights Law Non Refoulement Torture/cidtp Article 2 and 3 Hong Kong Bill of Rights Credibility Findings +3 more

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Parties

Mestiyah

Applicant

CHOW Siu-hung, ESQ.

Putative Respondent

Director of Immigration

Putative Interested Party

Procedural Posture

Application for Leave to Apply for Judicial Review / Leave Stage — Leave Refused on Papers

Legal Issues

  1. 1 Whether the applicant faces a real risk of persecution on return to Indonesia
  2. 2 Whether the applicant faces a real risk of torture or CIDTP
  3. 3 Whether the applicant faces a real risk of deprivation of life on return

Ratio Decidendi

Leave to apply for judicial review was refused because the adjudicator's adverse credibility findings were rational, supported by reasons, and the decision met the enhanced Wednesbury standard; the applicant's grounds were unparticularised and not reasonably arguable and, even if her evidence were accepted, COI showed state protection and no real risk on any applicable ground, so there was no realistic prospect of success.

Court Disposition

Leave to apply for judicial review refused

Orders

  • Leave to apply for judicial review refused