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

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

Leave to apply for judicial review was refused because (1) no exceptional circumstances justified judicial review of the Director's decision once the statutory Board had considered the appeal, and (2) the applicant failed to demonstrate a reasonable prospect of success on the merits of any challenge to the Board's decisions; the Adjudicator acted within statutory discretion to determine without a hearing and to weigh COI and factual issues.

Citation
[2019] HKCFI 1910
Parties
Applicant: Rita Setiani; 1st Putative Respondent: Torture Claims Appeal Board/Non-refoulement Claims Petition Office; 2nd Putative Respondent: Director of Immigration
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
29 July 2019
Case Number
HCAL1438/2018
Procedural Posture
Application for Leave to Apply for Judicial Review / Decision on Leave Application
Outcome
Application for leave to apply for judicial review dismissed; leave refused
Legal Topics
Non Refoulement, Torture, Article 2 HKBOR (right to Life), Article 3 HKBOR (prohibition of Torture/cidtp), Refugee Convention (persecution), Leave to Apply for Judicial Review, Procedural Fairness, Standard of Review
Source Language
EN
Immigration Law Constitutional Law Administrative Law Human Rights Law Non Refoulement Torture Article 2 HKBOR (right to Life) Article 3 HKBOR (prohibition of Torture/cidtp) +4 more

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Parties

Rita Setiani

Applicant

Torture Claims Appeal Board/Non-refoulement Claims Petition Office

1st Putative Respondent

Director of Immigration

2nd Putative Respondent

Procedural Posture

Application for Leave to Apply for Judicial Review / Decision on Leave Application

Legal Issues

  1. 1 Whether leave to apply for judicial review of the Director's decision is available absent exceptional circumstances
  2. 2 Whether the Board/Adjudicator breached procedural fairness by not holding an oral hearing on BOR 2 risk
  3. 3 Whether the Adjudicator misapplied or failed to properly evaluate Country of Origin Information and failed to explain selection of COI

Ratio Decidendi

Leave to apply for judicial review was refused because (1) no exceptional circumstances justified judicial review of the Director's decision once the statutory Board had considered the appeal, and (2) the applicant failed to demonstrate a reasonable prospect of success on the merits of any challenge to the Board's decisions; the Adjudicator acted within statutory discretion to determine without a hearing and to weigh COI and factual issues.

Court Disposition

Application for leave to apply for judicial review dismissed; leave refused

Orders

  • Leave to apply for judicial review of the Director's Decisions refused
  • Extension of time granted for the leave application in relation to the Board's Decision to coincide with time for the Board's Further Decision