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

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

The application for leave was refused because the Director and the Board reached rational, evidence-supported conclusions that the risk from gangsters was low, state protection and reasonable internal relocation in Indonesia were available, and the applicant failed to identify any legal error, irrationality or...

Source-derived case information.

Citation
[2024] HKCFI 3643
Parties
Applicant: Widodo Aria; Putative Respondent: Torture Claims Appeal Board; Putative Interested Party: Director of Immigration
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
31 December 2024
Case Number
HCAL2516/2020
Procedural Posture
Application for Leave to Apply for Judicial Review / Decision on Leave Application (refused)
Outcome
Leave to apply for judicial review dismissed
Legal Topics
Non Refoulement, Torture Risk, Internal Relocation, State Protection, Leave to Apply for Judicial Review, Procedural Fairness
Source Language
en
Immigration Law Constitutional Law Administrative Law Human Rights Law Non Refoulement Torture Risk Internal Relocation State Protection +2 more

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Parties

Widodo Aria

Applicant

Torture Claims Appeal Board

Putative Respondent

Director of Immigration

Putative Interested Party

Procedural Posture

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

Legal Issues

  1. 1 Whether the Director and the Board erred in law or procedurally in rejecting non-refoulement protection
  2. 2 Whether the applicant faced a real risk of torture, death or other inhuman treatment from gangsters
  3. 3 Whether state protection in Indonesia would be effective

Ratio Decidendi

The application for leave was refused because the Director and the Board reached rational, evidence-supported conclusions that the risk from gangsters was low, state protection and reasonable internal relocation in Indonesia were available, and the applicant failed to identify any legal error, irrationality or procedural unfairness; therefore there was no reasonably arguable ground for judicial review.

Court Disposition

Leave to apply for judicial review dismissed

Orders

  • Application for leave to apply for judicial review dismissed
  • Request directed to the Director of Immigration to forward a copy of this decision and the sealed order to the applicant in Indonesia