MUJIATI LESTARI AND ANOTHER v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE [Decision on Leave Application]

MUJIATI LESTARI AND ANOTHER v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE [Decision on Leave Application]

Leave to apply for judicial review was refused and no extension of time granted because the application was out of time and the applicants had no realistic prospect of success: the Board's factual findings that the applicants' evidence was inconsistent and unsubstantiated, and that state protection and internal relocation were available, were lawful and not irrational, and there was no material legal error warranting judicial intervention.

Citation
[2021] HKCFI 488
Parties
1st Applicant: Mujiati Lestari; 2nd Applicant: Hossain Arrifky Rahmatullah; Putative Respondent: Torture Claims Appeal Board/Non-refoulement Claims Petition Office; Putative Interested Party: Director of Immigration
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
10 March 2021
Case Number
HCAL1168/2018
Procedural Posture
Judicial Review / Application for Leave to Apply for Judicial Review (leave Stage)
Outcome
Leave to apply for judicial review refused; extension of time refused; joint application dismissed.
Legal Topics
Non Refoulement, Torture/cidtp, Leave to Apply for Judicial Review, Extension of Time/delay, State Protection, Internal Relocation, Assessment of Credibility
Source Language
EN
Constitutional Law Administrative Law Immigration Law Human Rights Law Non Refoulement Torture/cidtp Leave to Apply for Judicial Review Extension of Time/delay +3 more

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Parties

Mujiati Lestari

1st Applicant

Hossain Arrifky Rahmatullah

2nd Applicant

Torture Claims Appeal Board/Non-refoulement Claims Petition Office

Putative Respondent

Director of Immigration

Putative Interested Party

Procedural Posture

Judicial Review / Application for Leave to Apply for Judicial Review (leave Stage)

Legal Issues

  1. 1 Whether to grant leave to apply for judicial review
  2. 2 Whether to extend time for an out-of-time application
  3. 3 Whether the Board erred in law or was irrational in rejecting non-refoulement/torture/BOR claims

Ratio Decidendi

Leave to apply for judicial review was refused and no extension of time granted because the application was out of time and the applicants had no realistic prospect of success: the Board's factual findings that the applicants' evidence was inconsistent and unsubstantiated, and that state protection and internal relocation were available, were lawful and not irrational, and there was no material legal error warranting judicial intervention.

Court Disposition

Leave to apply for judicial review refused; extension of time refused; joint application dismissed.

Orders

  • Joint application dismissed