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

NURHAYATI 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 findings that there was no real prospect of harm, that state protection and internal relocation were available, involved no error of law, procedural unfairness or irrationality; therefore the applicant had no reasonable prospect of success on judicial review.

Citation
[2020] HKCFI 1754
Parties
Applicant: Nurhayati; 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
31 July 2020
Case Number
HCAL1924/2018
Procedural Posture
Application for Leave to Apply for Judicial Review / Leave Application Considered on Paper Under Order 53 R 3
Outcome
Leave to apply for judicial review refused; application dismissed.
Legal Topics
Non Refoulement, Torture Risk, Prohibition of CIDTP (article 3 Hkbor), Right to Life (article 2 Hkbor), State Protection, Internal Relocation, Judicial Review Leave
Source Language
EN
Constitutional Law Administrative Law Immigration Law Refugee Law Human Rights Law Non Refoulement Torture Risk Prohibition of CIDTP (article 3 Hkbor) +4 more

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Parties

Nurhayati

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 Considered on Paper Under Order 53 R 3

Legal Issues

  1. 1 Whether applicant faces real risk of torture or CIDTP if returned to Indonesia
  2. 2 Whether state protection is available
  3. 3 Whether internal relocation in Indonesia is viable

Ratio Decidendi

Leave to apply for judicial review was refused because the Board's findings that there was no real prospect of harm, that state protection and internal relocation were available, involved no error of law, procedural unfairness or irrationality; therefore the applicant had no reasonable prospect of success on judicial review.

Court Disposition

Leave to apply for judicial review refused; application dismissed.

Orders

  • Leave to apply for judicial review refused.
  • Applicant's application dismissed.