NURUL MINI v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

NURUL MINI v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

The Applicant failed to identify any reasonably arguable error of law, irrationality or procedural unfairness in the Director's or the Board's decisions; the risk posed by the husband was assessed as low, state protection and reasonable internal relocation were available, and therefore there was no prospect of...

Source-derived case information.

Citation
[2025] HKCFI 325
Parties
Applicant: Nurul Mini; Putative Respondent: Torture Claims Appeal Board; Putative Interested Party: Director of Immigration
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
4 February 2025
Case Number
HCAL41/2024
Procedural Posture
Application for Leave to Apply for Judicial Review / Leave Application Dismissed
Outcome
The application for leave to apply for judicial review is dismissed.
Legal Topics
Non Refoulement, Torture Risk, Internal Relocation, State Protection, Judicial Review Standard of Review, Procedural Fairness
Source Language
en
Constitutional Law Administrative Law Immigration Law Human Rights Law Refugee and Asylum Law Non Refoulement Torture Risk Internal Relocation +3 more

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 9 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Nurul Mini

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 Dismissed

Legal Issues

  1. 1 Whether the Board and Director erred in law, acted irrationally or breached procedural fairness in rejecting the Applicant's non-refoulement claim
  2. 2 Whether the Applicant faces a real risk of torture, inhuman or degrading treatment, persecution or violation of non-derogable rights on return to Indonesia
  3. 3 Whether effective state protection and reasonable internal relocation alternatives exist

Ratio Decidendi

The Applicant failed to identify any reasonably arguable error of law, irrationality or procedural unfairness in the Director's or the Board's decisions; the risk posed by the husband was assessed as low, state protection and reasonable internal relocation were available, and therefore there was no prospect of success on judicial review — leave was refused.

Court Disposition

The application for leave to apply for judicial review is dismissed.

Orders

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