FITRI-AMBARWATI AND ANOTHER v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

FITRI-AMBARWATI AND ANOTHER v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

The court found no error of law or procedural unfairness in the Director's or the Board's decisions; credibility findings were open to the decision-makers, state protection and internal relocation were available, and there was no real prospect of success for judicial review; accordingly leave was refused.

Citation
[2018] HKCFI 781
Parties
1st Applicant: Fitri-Ambarwati; 2nd Applicant: Maria Zubair; Putative Respondent: Torture Claims Appeal Board; Putative Interested Party: Director of Immigration
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
13 April 2018
Case Number
HCAL547/2017
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 Claim, Asylum, Leave to Apply for Judicial Review, Procedural Fairness, Credibility Assessment, Internal Relocation
Source Language
EN
Immigration Law Administrative Law Constitutional Law Human Rights Law Non Refoulement Torture Claim Asylum Leave to Apply for Judicial Review +3 more

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Parties

Fitri-Ambarwati

1st Applicant

Maria Zubair

2nd 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 the Director and the Torture Claims Appeal Board erred in law or procedure in rejecting the applicants' non-refoulement and torture claims
  2. 2 Whether procedural fairness was denied in the determination of the claims
  3. 3 Whether there was a real prospect of success to justify leave for judicial review

Ratio Decidendi

The court found no error of law or procedural unfairness in the Director's or the Board's decisions; credibility findings were open to the decision-makers, state protection and internal relocation were available, and there was no real prospect of success for judicial review; accordingly leave was refused.

Court Disposition

Leave to apply for judicial review refused.

Orders

  • Leave to apply for judicial review refused.