SUPRAPTI v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE [Decision on Leave Application]

SUPRAPTI v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE [Decision on Leave Application]

Leave was refused because the applicant failed to demonstrate any reasonable prospect of success; the Board's factual and credibility findings were within its exclusive province and there was no demonstrated error of law, procedural unfairness or irrationality to justify judicial review.

Citation
[2019] HKCFI 3141
Parties
Applicant: Suprapti; Putative Respondent: Torture Claims Appeal Board/Non-refoulement Claims Petition Office
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
27 December 2019
Case Number
HCAL1928/2018
Procedural Posture
Application for Leave to Apply for Judicial Review / Decision on Leave (refused)
Outcome
Leave to apply for judicial review refused; application dismissed
Legal Topics
Non Refoulement, Torture, Procedural Fairness, Leave to Apply for Judicial Review, State Protection, Internal Relocation
Source Language
EN
Constitutional Law Administrative Law Immigration Law Refugee Law Human Rights Non Refoulement Torture Procedural Fairness +3 more

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Parties

Suprapti

Applicant

Torture Claims Appeal Board/Non-refoulement Claims Petition Office

Putative Respondent

Procedural Posture

Application for Leave to Apply for Judicial Review / Decision on Leave (refused)

Legal Issues

  1. 1 Whether the applicant has a reasonable prospect of success to justify leave to apply for judicial review
  2. 2 Whether the Board erred in law, acted irrationally or committed procedural unfairness in assessing evidence
  3. 3 Whether the Director should remain a respondent after the applicant has appealed to the Board

Ratio Decidendi

Leave was refused because the applicant failed to demonstrate any reasonable prospect of success; the Board's factual and credibility findings were within its exclusive province and there was no demonstrated error of law, procedural unfairness or irrationality to justify judicial review.

Court Disposition

Leave to apply for judicial review refused; application dismissed

Orders

  • Leave to apply for judicial review refused
  • Form 86 amended on the court's own motion by deleting the Director as respondent