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

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

Leave was refused because the applicant failed to demonstrate any arguable error of law, procedural unfairness or irrationality in the Board's decision; the Board's adverse credibility findings and conclusions on state protection and internal relocation were open on the evidence and did not disclose a realistic prospect of success on judicial review.

Citation
[2024] HKCFI 36
Parties
Applicant: Suwarni; Putative Respondent: Torture Claims Appeal Board/Non-refoulement Claims Petition Office; Putative Interested Party: Director of Immigration
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
11 January 2024
Case Number
HCAL1542/2020
Procedural Posture
Application for Leave to Apply for Judicial Review / Leave Application Refused
Outcome
Leave to apply for judicial review refused
Legal Topics
Non Refoulement, Torture/cidtp, Credibility Findings, Procedural Fairness, Standard of Review, Internal Relocation, State Protection
Source Language
EN
Administrative Law Constitutional Law Immigration Law Human Rights Law Non Refoulement Torture/cidtp Credibility Findings Procedural Fairness +3 more

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Parties

Suwarni

Applicant

Torture Claims Appeal Board/Non-refoulement Claims Petition Office

Putative Respondent

Director of Immigration

Putative Interested Party

Procedural Posture

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

Legal Issues

  1. 1 Whether the Board erred in law or acted with procedural unfairness or irrationality in rejecting the applicant's non‑refoulement/torture claim
  2. 2 Whether the Board's adverse credibility findings were open on the evidence
  3. 3 Whether state protection is available on return

Ratio Decidendi

Leave was refused because the applicant failed to demonstrate any arguable error of law, procedural unfairness or irrationality in the Board's decision; the Board's adverse credibility findings and conclusions on state protection and internal relocation were open on the evidence and did not disclose a realistic prospect of success on judicial review.

Court Disposition

Leave to apply for judicial review refused

Orders

  • Leave to apply for judicial review refused
  • Application dismissed