TRI-WAHYUNI v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

TRI-WAHYUNI v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

The applicant's grounds were bare, vague and lacking required particulars; the Director and Board lawfully concluded the risk was from a private monetary dispute, past ill-treatment was low and infrequent, state protection and internal relocation in Indonesia were reasonable alternatives, and no legal error,...

Source-derived case information.

Citation
[2026] HKCFI 944
Parties
Applicant: Tri-Wahyuni; Putative Respondent: Torture Claims Appeal Board; Putative Interested Party: Director of Immigration
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
12 February 2026
Case Number
HCAL970/2023
Procedural Posture
Application for Leave to Apply for Judicial Review / Leave Application (judicial Review) Dismissed
Outcome
Leave to apply for judicial review refused; application dismissed.
Legal Topics
Non Refoulement, Torture Risk, Internal Relocation, Credibility Assessment, Procedural Fairness, Judicial Review Wednesbury
Source Language
en
Immigration Law Constitutional Law Administrative Law Human Rights Non Refoulement Torture Risk Internal Relocation Credibility Assessment +2 more

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Parties

Tri-Wahyuni

Applicant

Torture Claims Appeal Board

Putative Respondent

Director of Immigration

Putative Interested Party

Procedural Posture

Application for Leave to Apply for Judicial Review / Leave Application (judicial Review) Dismissed

Legal Issues

  1. 1 Whether the applicant faces a real risk of torture or serious harm by private creditors if returned to Indonesia
  2. 2 Whether state protection or internal relocation in Indonesia is reasonably available
  3. 3 Whether the Board and Director committed legal error, procedural unfairness or irrationality in assessing the non-refoulement claim

Ratio Decidendi

The applicant's grounds were bare, vague and lacking required particulars; the Director and Board lawfully concluded the risk was from a private monetary dispute, past ill-treatment was low and infrequent, state protection and internal relocation in Indonesia were reasonable alternatives, and no legal error, procedural unfairness or irrationality was established; therefore leave to apply for judicial review was refused.

Court Disposition

Leave to apply for judicial review refused; application dismissed.

Orders

  • The application for leave to apply for judicial review be dismissed.