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

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

Leave was dismissed because the applicant's grounds were bare and unparticularised and did not identify any legal error, irrationality or procedural unfairness in the Director's and Board's detailed findings that risk was localized, threats lacked real intent, state protection and reasonable internal relocation were available, and therefore there was no prospect of success on judicial review.

Citation
[2025] HKCFI 2866
Parties
Applicant: Tarwinih; Putative Respondent: Torture Claims Appeal Board; Putative Interested Party: Director of Immigration
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
24 July 2025
Case Number
HCAL961/2023
Procedural Posture
Leave to Apply for Judicial Review (non Refoulement/torture Claim) / Leave Application Dismissed
Outcome
Application for leave to apply for judicial review dismissed.
Legal Topics
Non Refoulement, Torture Risk (part VIIC Immigration Ordinance), HKBOR Article 2 (right to Life) and Article 3 (torture/inhuman Treatment), Persecution (refugee Convention Article 33), Internal Relocation, Procedural Fairness, Leave to Apply for Judicial Review, Interpreter and Translation Issues
Source Language
EN
Constitutional Law Administrative Law Immigration Law Human Rights Law International Refugee Law Non Refoulement Torture Risk (part VIIC Immigration Ordinance) HKBOR Article 2 (right to Life) and Article 3 (torture/inhuman Treatment) +5 more

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Parties

Tarwinih

Applicant

Torture Claims Appeal Board

Putative Respondent

Director of Immigration

Putative Interested Party

Procedural Posture

Leave to Apply for Judicial Review (non Refoulement/torture Claim) / Leave Application Dismissed

Legal Issues

  1. 1 Whether the Applicant established substantial grounds for real and substantial risk of torture or other serious harm on return to Indonesia
  2. 2 Whether the Director and the Board committed legal error, irrationality or procedural unfairness in assessing the Applicant's non-refoulement claim
  3. 3 Whether internal relocation within Indonesia is a reasonable and available alternative negating non-refoulement protection

Ratio Decidendi

Leave was dismissed because the applicant's grounds were bare and unparticularised and did not identify any legal error, irrationality or procedural unfairness in the Director's and Board's detailed findings that risk was localized, threats lacked real intent, state protection and reasonable internal relocation were available, and therefore there was no prospect of success on judicial review.

Court Disposition

Application for leave to apply for judicial review dismissed.

Orders

  • Leave application dismissed.
  • No costs order specified in the decision.