LILI LESTARI AND ANOTHER v. MR WILLIAM LAM, ESQ., TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

LILI LESTARI AND ANOTHER v. MR WILLIAM LAM, ESQ., TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

The court struck out and dismissed the second application for leave because it was an attempt to re-litigate the same matters previously refused by the court without appeal, raised no new reasonably arguable grounds, and therefore was barred by res judicata and constituted an abuse of process warranting dismissal.

Citation
[2020] HKCFI 1323
Parties
Applicant (1st): Lili Lestari; Applicant (2nd): Edi Subagio Meilani Subagio; Putative Respondent: Torture Claims Appeal Board; Putative Interested Party: Director of Immigration
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
30 June 2020
Case Number
HCAL545/2018
Procedural Posture
Judicial Review Leave Application / Leave Application Struck Out and Dismissed
Outcome
The application for leave to apply for judicial review is struck out and dismissed.
Legal Topics
Non Refoulement, Torture Risk, HKBOR Article 3 (cruel, Inhuman or Degrading Treatment), HKBOR Article 2 (right to Life), Res Judicata, Abuse of Process, Leave to Apply for Judicial Review, Procedural Fairness, Country of Origin Information, State Protection, Internal Relocation
Source Language
EN
Immigration Law Constitutional Law Administrative Law Human Rights Law Public Law Non Refoulement Torture Risk HKBOR Article 3 (cruel, Inhuman or Degrading Treatment) +8 more

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Parties

Lili Lestari

Applicant (1st)

Edi Subagio Meilani Subagio

Applicant (2nd)

Torture Claims Appeal Board

Putative Respondent

Director of Immigration

Putative Interested Party

Procedural Posture

Judicial Review Leave Application / Leave Application Struck Out and Dismissed

Legal Issues

  1. 1 Whether the second application for leave is barred by res judicata/abuse of process
  2. 2 Whether the applicants advanced reasonably arguable grounds for judicial review
  3. 3 Whether the Board and Director misapplied law or acted irrationally in assessing non-refoulement risks (torture/BOR2/BOR3/persecution)

Ratio Decidendi

The court struck out and dismissed the second application for leave because it was an attempt to re-litigate the same matters previously refused by the court without appeal, raised no new reasonably arguable grounds, and therefore was barred by res judicata and constituted an abuse of process warranting dismissal.

Court Disposition

The application for leave to apply for judicial review is struck out and dismissed.

Orders

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