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

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

The leave application was refused because the Director and the Board lawfully and rationally assessed credibility, found the claimed risk localized and amenable to internal relocation, and no legal error, irrationality or procedural unfairness was identified that would give any realistic prospect of success on judicial review.

Citation
[2022] HKCFI 3183
Parties
Applicant: Sri Wartini; Putative Respondent: Torture Claims Appeal Board; Putative Interested Party: Director of Immigration
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
17 October 2022
Case Number
HCAL143/2019
Procedural Posture
Application for Leave to Apply for Judicial Review (non‑refoulement/torture Claim) / Leave Application (refused)
Outcome
Leave to apply for judicial review refused.
Legal Topics
Non‑refoulement, Torture Risk, HKBOR Articles 2 and 3, Internal Relocation, Credibility Assessment, Judicial Review Standard
Source Language
EN
Constitutional and Administrative Law Immigration Law Human Rights Law Non‑refoulement Torture Risk HKBOR Articles 2 and 3 Internal Relocation Credibility Assessment +1 more

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Parties

Sri Wartini

Applicant

Torture Claims Appeal Board

Putative Respondent

Director of Immigration

Putative Interested Party

Procedural Posture

Application for Leave to Apply for Judicial Review (non‑refoulement/torture Claim) / Leave Application (refused)

Legal Issues

  1. 1 Whether the Director and the Board erred in law or acted irrationally in rejecting the Applicant's non‑refoulement/torture claim
  2. 2 Whether the Applicant faces a real and foreseeable risk of harm if returned to Indonesia from private creditors or state authorities
  3. 3 Whether internal relocation within Indonesia is reasonable and available

Ratio Decidendi

The leave application was refused because the Director and the Board lawfully and rationally assessed credibility, found the claimed risk localized and amenable to internal relocation, and no legal error, irrationality or procedural unfairness was identified that would give any realistic prospect of success on judicial review.

Court Disposition

Leave to apply for judicial review refused.

Orders

  • Leave to apply for judicial review refused.