WIJI UTAMI v. TORTURE CLAIMS APPEAL BOARD/ NON-REFOULEMENT CLAIMS PETITION OFFICE AND ANOTHER [Decision on Leave Application]

WIJI UTAMI v. TORTURE CLAIMS APPEAL BOARD/ NON-REFOULEMENT CLAIMS PETITION OFFICE AND ANOTHER [Decision on Leave Application]

Leave to apply for judicial review was refused because the applicant had no reasonable prospect of success: the Board's adverse credibility findings and conclusions that state protection and internal relocation were available were within its fact-finding remit and were not shown to involve error of law, procedural...

Source-derived case information.

Citation
[2020] HKCFI 1547
Parties
Applicant: Wiji Utami; 1st Putative Respondent: Torture Claims Appeal Board/Non-refoulement Claims Petition Office; 2nd Putative Respondent: Director of Immigration
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
14 July 2020
Case Number
HCAL1842/2018
Procedural Posture
Application for Leave to Apply for Judicial Review / Leave Application Refused
Outcome
Leave to apply for judicial review refused; application dismissed.
Legal Topics
Non Refoulement, Torture, Article 3 HKBOR (cidtp), Article 2 HKBOR (right to Life), State Protection, Internal Relocation, Credibility Assessment, Leave to Apply for Judicial Review
Source Language
en
Immigration Law Constitutional and Administrative Law Human Rights Refugee Law Non Refoulement Torture Article 3 HKBOR (cidtp) Article 2 HKBOR (right to Life) +4 more

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Parties

Wiji Utami

Applicant

Torture Claims Appeal Board/Non-refoulement Claims Petition Office

1st Putative Respondent

Director of Immigration

2nd Putative Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether applicant faces real risk of torture or CIDTP on return to Indonesia
  2. 2 Whether applicant faces risk to life under Article 2 HKBOR
  3. 3 Whether effective state protection is available in Indonesia

Ratio Decidendi

Leave to apply for judicial review was refused because the applicant had no reasonable prospect of success: the Board's adverse credibility findings and conclusions that state protection and internal relocation were available were within its fact-finding remit and were not shown to involve error of law, procedural unfairness or irrationality.

Court Disposition

Leave to apply for judicial review refused; application dismissed.

Orders

  • Leave to apply for judicial review refused.
  • Application dismissed.