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

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

Leave to apply for judicial review was refused because the Board's Decision accepted the applicants' core account, made permissible findings that state protection and internal relocation were available based on authoritative country information, and contained no error of law, procedural unfairness or irrationality; consequently there was no realistic prospect of success on judicial review.

Citation
[2023] HKCFI 1291
Parties
1st Applicant: Anika Shaikh Afia Feroz; 2nd Applicant: 2nd Applicant (minor); 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
17 May 2023
Case Number
HCAL302/2019
Procedural Posture
Application for Leave to Apply for Judicial Review / Leave Application Refused
Outcome
Application for leave to apply for judicial review refused
Legal Topics
Non Refoulement, Risk Assessment, State Protection, Internal Relocation, Credibility Assessment, Judicial Review Standards, Wednesbury Unreasonableness, Leave to Apply for Judicial Review
Source Language
EN
Immigration Law Administrative Law Constitutional Law Human Rights Law Refugee and Asylum Law Procedural Law Non Refoulement Risk Assessment +6 more

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Parties

Anika Shaikh Afia Feroz

1st Applicant

2nd Applicant (minor)

2nd Applicant

Torture Claims Appeal Board / Non-Refoulement Claims Petition Office

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 Board erred in law or acted irrationally or with procedural unfairness in rejecting the applicants' claim for non-refoulement
  2. 2 Whether effective state protection was available in Indonesia
  3. 3 Whether internal relocation in Indonesia was a viable alternative

Ratio Decidendi

Leave to apply for judicial review was refused because the Board's Decision accepted the applicants' core account, made permissible findings that state protection and internal relocation were available based on authoritative country information, and contained no error of law, procedural unfairness or irrationality; consequently there was no realistic prospect of success on judicial review.

Court Disposition

Application for leave to apply for judicial review refused

Orders

  • Application for leave to apply for judicial review is refused (dated 17 May 2023)