RIRIN MARIANI v. TORTURE CLAIMS APPEAL BOARD AND ANOTHER [Decision on Leave Application]

RIRIN MARIANI v. TORTURE CLAIMS APPEAL BOARD AND ANOTHER [Decision on Leave Application]

Leave was refused because the applicant failed to demonstrate any reasonably arguable legal error, procedural unfairness or irrationality in the Director's and Board's decisions; the Board's adverse credibility findings and conclusion that internal relocation in Indonesia was available meant there was no realistic...

Source-derived case information.

Citation
[2020] HKCFI 1482
Parties
Applicant: Ririn Mariani; 1st Putative Respondent: Torture Claims Appeal Board; 2nd Putative Respondent: Director of Immigration
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
23 July 2020
Case Number
HCAL502/2018
Procedural Posture
Application for Leave to Apply for Judicial Review (immigration/non Refoulement) / Leave Application Refused
Outcome
Leave to apply for judicial review refused.
Legal Topics
Non Refoulement, Torture Risk, Article 3 HKBOR, Article 2 HKBOR, Persecution, Credibility Assessment, Internal Relocation, Leave to Apply for Judicial Review
Source Language
en
Immigration Constitutional Law Administrative Law Human Rights Non Refoulement Torture Risk Article 3 HKBOR Article 2 HKBOR +4 more

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Parties

Ririn Mariani

Applicant

Torture Claims Appeal Board

1st Putative Respondent

Director of Immigration

2nd Putative Respondent

Procedural Posture

Application for Leave to Apply for Judicial Review (immigration/non Refoulement) / Leave Application Refused

Legal Issues

  1. 1 Whether the applicant faces a real risk of harm from creditors/debt-collectors in Indonesia if returned
  2. 2 Whether the Director of Immigration and the Torture Claims Appeal Board committed legal error, procedural unfairness or irrationality in rejecting the non-refoulement claim
  3. 3 Whether internal relocation in Indonesia is a reasonable alternative

Ratio Decidendi

Leave was refused because the applicant failed to demonstrate any reasonably arguable legal error, procedural unfairness or irrationality in the Director's and Board's decisions; the Board's adverse credibility findings and conclusion that internal relocation in Indonesia was available meant there was no realistic prospect of success on a judicial review challenge.

Court Disposition

Leave to apply for judicial review refused.

Orders

  • Leave to apply for judicial review refused.