SENTOT ASEP MUHAIMIN v. MRS. HELENA LEE, ESQ. [Decision on Leave Application]

SENTOT ASEP MUHAIMIN v. MRS. HELENA LEE, ESQ. [Decision on Leave Application]

Leave to apply for judicial review was refused because the applicant failed to establish a credible factual basis or reasonable prospect of success: the Board legitimately found the applicant's evidence not credible and, applying the statutory and treaty provisions, correctly concluded the acts did not amount to torture, there was no involvement of public officials, and there was no real risk under BOR 2 or BOR 3 nor a risk amounting to persecution; the applicant's procedural complaints did not undermine fairness of the proceedings.

Citation
[2019] HKCFI 2072
Parties
Applicant: Sentot Asep Muhaimin; Putative Respondent: Director of Immigration; Putative Interested Party: Department of Justice (Senior Assistant Law Officer, Civil Litigation Unit 2)
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
20 August 2019
Case Number
HCAL1746/2018
Procedural Posture
Application for Leave to Apply for Judicial Review / Leave Application Refused
Outcome
Refusal of leave to apply for judicial review; application dismissed
Legal Topics
Non Refoulement, Torture, Cruel Inhuman or Degrading Treatment or Punishment (cidtp), Persecution, Credibility Assessment, Procedural Fairness, Leave to Apply for Judicial Review
Source Language
EN
Constitutional Law Administrative Law Immigration Law Human Rights Law Non Refoulement Torture Cruel Inhuman or Degrading Treatment or Punishment (cidtp) Persecution +3 more

Case Brief

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Parties

Sentot Asep Muhaimin

Applicant

Director of Immigration

Putative Respondent

Department of Justice (Senior Assistant Law Officer, Civil Litigation Unit 2)

Putative Interested Party

Procedural Posture

Application for Leave to Apply for Judicial Review / Leave Application Refused

Legal Issues

  1. 1 Whether the applicant established a credible factual basis for non-refoulement, torture, BOR 2 or BOR 3 risks or persecution
  2. 2 Whether the acts alleged attained the degree of severity to constitute torture under Part VIIC Immigration Ordinance
  3. 3 Whether there was involvement of public officials or state agents

Ratio Decidendi

Leave to apply for judicial review was refused because the applicant failed to establish a credible factual basis or reasonable prospect of success: the Board legitimately found the applicant's evidence not credible and, applying the statutory and treaty provisions, correctly concluded the acts did not amount to torture, there was no involvement of public officials, and there was no real risk under BOR 2 or BOR 3 nor a risk amounting to persecution; the applicant's procedural complaints did not undermine fairness of the proceedings.

Court Disposition

Refusal of leave to apply for judicial review; application dismissed

Orders

  • Leave to apply for judicial review refused
  • Application dismissed