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

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

Leave refused because the applicant failed to identify any reasonably arguable legal error, irrationality or procedural unfairness in the Director's and Board's decisions; both decision-makers reasonably found the risk to be low, characterized the matter as a private dispute with available state protection and reasonable internal relocation, so there was no prospect of success on judicial review.

Citation
[2022] HKCFI 1780
Parties
Applicant: Tutik Sofiatin; Putative Respondent: Torture Claims Appeal Board; Putative Interested Party: Director of Immigration
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
14 June 2022
Case Number
HCAL300/2022
Procedural Posture
Leave to Apply for Judicial Review (immigration/non Refoulement) / Leave Application Refused
Outcome
Leave to apply for judicial review refused.
Legal Topics
Non Refoulement, Torture Risk, HKBOR Articles 2 and 3, Internal Relocation, Procedural Fairness, Standard of Judicial Review, Screening and Appeal Process
Source Language
EN
Constitutional Law Administrative Law Immigration Law Human Rights Asylum and Non Refoulement Non Refoulement Torture Risk HKBOR Articles 2 and 3 +4 more

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Parties

Tutik Sofiatin

Applicant

Torture Claims Appeal Board

Putative Respondent

Director of Immigration

Putative Interested Party

Procedural Posture

Leave to Apply for Judicial Review (immigration/non Refoulement) / Leave Application Refused

Legal Issues

  1. 1 Whether leave to apply for judicial review should be granted
  2. 2 Whether the Director of Immigration and the Torture Claims Appeal Board made errors of law, acted irrationally or committed procedural unfairness in rejecting the non-refoulement claim
  3. 3 Whether the applicant faces real risk of torture, death or persecution from a private actor (foster brother) on return to Indonesia

Ratio Decidendi

Leave refused because the applicant failed to identify any reasonably arguable legal error, irrationality or procedural unfairness in the Director's and Board's decisions; both decision-makers reasonably found the risk to be low, characterized the matter as a private dispute with available state protection and reasonable internal relocation, so there was no prospect of success on judicial review.

Court Disposition

Leave to apply for judicial review refused.

Orders

  • Leave to apply for judicial review refused.