ANDI YANTO v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE [Decision on Leave Application]

Application for Leave to Apply for Judicial Review

NOTIFICATION of the Judge’s decision (Ord 53 r 3)

Following;

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

Observations for the Applicant:

Introduction

1.  By a Form 86 filed on 21 September 2021 (the “Form”), the Applicant applied for leave to apply for judicial review (the “Leave Application”) against the Decision of the Torture Claims Appeal Board / Non-refoulement Claims Petition Office (the “Board”) dated 17 September 2021 (the “Board’s Decision”).

2.  In the Form, the Applicant did not identify any ground in support of the Leave Application.

3.  In the Affirmation in support of the Leave Application, the Applicant only exhibited a copy of the Board’s Decision.

4.  The Applicant requested an oral hearing for the Leave Application which took place on 22 January 2026 (the “Hearing”).  At the Hearing, the Applicant stated that he wishes to stay in Hong Kong as he has a son here.  

Background

5.  The Applicant’s background, the basis of his claim and the arguments he advanced had been set out in detail in the Board’s Decision, and it is not necessary for me to repeat the same here.  The hyperlink to the Board’s Decision is included below[1] for reference.

Discussion

6.  The Applicant has not identified any ground in support of the Leave Application, whether in the Form or the Affirmation.

7.  The relevant legal principles are well established.  The Court’s role in a judicial review is not to provide a further avenue of appeal.  The primary decision makers are the Director and the Board.  Though in non-refoulement cases, the Court will adopt an enhanced standard in scrutinising the decision of the Board due to the seriousness of the issue at hand, the Court should not usurp the role of the Board.  Assessment of evidence, country of origin information (COI) materials, risk of harm, state protection and viability of internal relocation are primarily within the province of the Board (and the Director).  The Court will not intervene by way of judicial review unless there are errors of law, procedural unfairness or irrationality in the decision of the Board: see Nupur Mst v Director of Immigration[2018] HKCA 524 at para. 14.  There must be a reasonably arguable case with a realistic prospect of success before leave for judicial review will be granted: see Peter Po Fun Chan v Winnie Cheung (2007) 10 HKCFAR 676. 

8.  Having considered all the relevant materials before me, I do not consider the Applicant’s intended challenge against the Board’s Decision to be reasonably arguable with any realistic prospect of success.

9.  I have reviewed the Board’s Decision in detail.  The Board had fully considered the Applicant’s evidence and his grounds for challenging the Director’s decision in refusing his claim for non-refoulment protection.  The Board found that the Applicant’s case lacks evidential support, such that any alleged risk that he may face if he returns to Indonesia would be low.  The Board further considered that there were internal relocation options open to the Applicant.  On these bases, the Board rejected the Applicant’s appeal: see the Board’s Decision paras. 51-72.  I do not consider there to be any error of law, procedural unfairness or irrationality in the Board’s Decision.

10.  Leave application of this sort is meant to be a filtering process and this Court is not expected to give elaborated reasons for its decision: see Re Zunariyah[2018] HKCA 14 at para. 23.  I have considered all the relevant materials in reaching the present decision.

Conclusion

11.  For the reasons stated above, I will dismiss the Leave Application.

Where leave to apply has been granted, Applicants and their legal advisers are reminded of their obligation to reconsider the merits of their application in the light of the Respondent’s evidence

Form CALL-1