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

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

The Director and the Board correctly found the risk to be low, the dispute to be private, state protection and reasonable internal relocation available, and there was no identified legal error, irrationality or procedural unfairness; therefore there was no reasonably arguable prospect of success and leave to apply for judicial review was dismissed.

Citation
[2024] HKCFI 161
Parties
Applicant: Salmuati; Putative Respondent: Torture Claims Appeal Board; Putative Interested Party: Director of Immigration
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
12 January 2024
Case Number
HCAL392/2021
Procedural Posture
Application for Leave to Apply for Judicial Review / Leave Application Dismissed
Outcome
Application for leave to apply for judicial review dismissed; scheduled hearing vacated
Legal Topics
Non Refoulement, Torture and Ill Treatment (article 3 Hkbor), Right to Life (article 2 Hkbor), Persecution (refugee Convention Article 33), Internal Relocation, Judicial Review Standards, Procedural Fairness
Source Language
EN
Constitutional and Administrative Law Immigration Law Human Rights Law Non Refoulement Torture and Ill Treatment (article 3 Hkbor) Right to Life (article 2 Hkbor) Persecution (refugee Convention Article 33) Internal Relocation +2 more

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Parties

Salmuati

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 applicant faces a real risk of torture or ill-treatment if returned to Indonesia
  2. 2 Whether state protection in Indonesia is available and effective
  3. 3 Whether internal relocation in Indonesia is a reasonable alternative

Ratio Decidendi

The Director and the Board correctly found the risk to be low, the dispute to be private, state protection and reasonable internal relocation available, and there was no identified legal error, irrationality or procedural unfairness; therefore there was no reasonably arguable prospect of success and leave to apply for judicial review was dismissed.

Court Disposition

Application for leave to apply for judicial review dismissed; scheduled hearing vacated

Orders

  • Application for leave dismissed
  • Hearing scheduled for 16 January 2024 vacated